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NORTH CAROLINA 

REGISTER 



IN THIS ISSUE 



FINAL DECISION LETTERS 



PROPOSED RULES 




Agriculture 

Economic and Community 
Development 

Environment, Health, and 
Natural Resources 

Insurance 

Cosmetic Art Examiners 



ISSUE DATE: FEBRUARY 1 5, 1 990 



Volume 4 • Issue 22 • Pages 1 1 06- 1139 



INFORMATION ABOUT THE NORTH CAROLINA REGISTER AND ADMINISTRATIVE CODE 



NORTH CAROLINA REGISTER 

The NortJi Carol'uia Register is published bi-monthly 
and contains information relating to agency, executi\e, 
legislati\e and judicial actions required by or affecting 
Chapter 150B of the General Statutes. All proposed, ad- 
ministrative rules and amendments filed under Chapter 
150B must be published in the Register. The Register 
will typically comprise approximateh' fifty pages per 
issue of legal text. 

State law requires that a copy of each issue be pro- 
vided free of charge to each county in the state and to 
\arious state officials and institutions. The North Carolina 
Register is a\ailable by yearly subscription at a cost of 
one hundred and five dollars ($105.00) for 24 issues. 

Requests for subscriptions to the North Carolina 
Register should be directed to the Office of Ad- 
ministrati\e Hearings, P. O. Drawer 1 1666, Raleigh, N. 
C. 27604, Attn: Subscriptions. 

ADOPTION, AMENDMENT, AND REPEAL OF 
RULES 

An agency intending to adopt, amend, or repeal a rule 
must first publish notice of the proposed action in the 
North Carolina Register. The notice must include the 
time and place of the public hearing; a statement of how 
public comments may be submitted to the agency either 
at the hearing or otherwise; the text of the proposed 
rule or amendment; a reference to the Statutory 
Authority for the action and the proposed effecti\e date. 

The Director of the Office of Administrative Hearings 
has authority to publish a summary, rather than the 
full text, of any amendment which is considered to be 
too lengthy. In such case, the full text of the rule con- 
taining the proposed amendment will be available for 
public inspection at the Rules Di\ision of the Office of 
Administrative Hearings and at the office of the pro- 
mulgating agency. 

Unless a specific statute pro\'ides otherwise, at least 
30 days must elapse following publication of the pro- 
posal in the North Carolina Register before the agency 
may conduct the required public hearing and take ac- 
tion on the proposed adoption, amendment or repeal. 

When final action is taken, the promulgating agency 
must file an>- adopted or amended rule for appro\al by 
the Administrati\e Rules Re\iew Commission. Upon ap- 
proval of ARRC, the adopted or amended rule must be 
filed with the Office of Administrative Hearings. If it 
differs substantially from the proposed form published 
as part of the public notice, upon request b\' the agen- 
cy', the adopted \ersion will again be published in the 
North Carolina Register. 

A rule, or amended rule cannot become effective 
earlier than the first day of the second calendar month 
after the adoption is filed with the Office of Ad- 
ministrative Hearings for publication in the NCAC. 

Proposed action on rules may be withdrawn by the 
promulgating agency at an>' time before final action is 
taken by the agenc\-. 

TEMPORARY RULES 

Under certain conditions of an emergency nature, 
some agencies may issue temporary rules. A temporarv 
rule becomes effecti\e when adopted and remains in 



effect for the period specified in the rule or 180 days, 
whichever is less. An agency adopting a temporary rule i 
must begin normal rule-making procedures on the per- ' 
manent rule at the same time the temporary rule is 
adopted. 

NORTH CAROLINA ADMINISTRATIVE CODE 

The North Carolina Administrative Code (NCAC) is 
a compilation and index of the administrative rules of 
25 state agencies and 38 occupational licensing boards. 
The NCAC comprises approximately 15,000 letter size, 
single spaced pages of material of which approximate- 
ly 35% is changed annually. Compilation and publica- 
tion of the NCAC is mandated by G.S. 150B-63(b). 

The Code is divided into Titles and Chapters. Each 
state agency is assigned a separate title which is fur- 
ther broken down by chapters. Title 21 is designated 
for occupational licensing boards. 

The NCAC is available in two formats. 

(1) Single pages may be obtained at a minimum 
cost of two dollars and 50 cents ($2.50) for 10 
pages or less, plus fifteen cents ($0.15) per each 
additional page. 

(2) The full publication consists of 52 volumes, 
totaling in excess of 15,000 pages. It is sup- 
plemented monthly with replacement pages. A 
one year subscription to the full publication in- 
cluding supplements can be purchased for 
seven hundred and fifty dollars ($750.00). In- 
di\idual \olumes may also be purchased with 
supplement service. Renewal subscriptions for 
supplements to the initial publication available. 

Requests for pages of rules or \'olumes of the NCAC 
should be directed to the Office of Administrative 
Hearings. 

NOTE 

The foregoing is a generalized statement of the pro- 
cedures to be followed. For specific statutory language, 
it is suggested that Articles 2 and 5 of Chapter 150B of 
the General Statutes be examined carefulK'. 

CITATION TO THE NORTH CAROLINA 
REGISTER 

The North Carolina Register is cited b\' \'olume, issue, 
page number and date. 1:1 NCR 101-201, April 1, 1986 
refers to Volume 1, Issue 1, pages 101 through 201 of 
the North Carolina Register issued on April 1, 1986. 



North Carolina Register. Published bi-monthly by 
the Office of Administrative Hearings, P.O. Drawer 
11666, Raleigh, North Carolina 27604, pursuant to 
Chapter 150B of the General Statutes. Subscriptions 
one hundred and five dollars ($105.00) per year. 
North Carolina Administrative Code. Published 
in looseleaf notebooks with supplement service by 
the Office of Administrative Hearings, P.O. 
Drawer 11 666, Raleigh, North Carolina 27604, pur- 
suant to Chapter 150B of the General Satutes. 
Subscriptions seven hundred and fifty dollars 
($750.00). Individual volumes available. 



NORTH 
CAROLINA 
REGISTER 



ISSUE CONTENTS 




Office of Administrative Hearings 

P. O. Drawer 11666 

Raleigh. ,\C 27604 

(919) 733-2678 



Julian Mann III, 

Director 
James R. ScarccUa Sr., 

Deputy Director 
Molly \lasich, 

Director APA Services 



FINAL DECISION LEI lERS 

Voting Rights Act 1106 



11. PROPOSED RULES 
Agriculture 

North Carolina State 

Fair 1108 

Agronomic Services 1 108 

Markets 1108 

Plant Industry 1109 

Economic and Community 
Development 

Departmental Rules 1 1 14 

Division of Community 

Assistance 1 121 

N.C. Hazardous Waste 

Management Commission 1 1 19 

Environment, Health, and 
Natural Resources 
Wildlife Resources and 

Water Safety 1130 

Insurance 
Fire and Casualty 

Division 1 123 

Licensing Board 
Cosmetic Art F.xaminers 1133 

III. CUMULATIVE INDEX 1136 



Staff: 

Ruby Creech, 

Put>licatinns Coordinator 
Teresa Kilpatrick, 

Editorial Assistant 
Jean Shirley, 

Editorial Assistant 



NOR ni CAROLINA RIX-ISMR 

Pub/iciition Schedule 

iJanudiy IVX) - December 1991 ) 



Issue 


I ast Dav 


I ast Dav 


Farlicst 


+ 




Date 


for 


tor 


Date tor 


I'arlicst 




Piling 


riectronic 


Public 


1 ftec 


tive 






Filing 


Hearing & 
Adoption by 
Agency 


Date 




+***♦**♦ 


++±*++++ 


+++***++ 


*+*+++*+ 


++++++*+ 


01 02 90 


12 07 SO 


12 14 89 


02 01 90 


05 


90 


01 16 90 


12 20 89 


12 29 89 


02, 15,90 


05 


00 


02 01 00 


01 10 90 


0118 00 


03 03 90 


06 


00 


02 15 ')() 


01 25 90 


02 01 90 


03 1 7 00 


06 


90 


03 01 90 


02, OS 90 


02 1 5 90 


03 3 1 0(1 


07 


90 


03 15 90 


02,22 90 


03 01 90 


04 14 00 


07 


90 


04 02- 90 


03 1 2 90 


03 19 90 


05 02 90 


OS 


90 


04 16 90 


03 23 90 


03 30 90 


05 16 90 


08 


90 


05 01 90 


04 09 90 


04 1 7 90 


05 31 90 


09 


90 


05 1 5 90 


04 24 90 


05 01 90 


06 14 90 


00 


90 


06 01 90 


05 10 90 


05 17 90 


07 01 90 


10 


90 


06 1 5 90 


05, 24 90 


06 1 90 


07 15 90 


10 


90 


07, 02 90 


06,11,90 


06 18 90 


08,01 90 


11 


90 


07 16,90 


06,'22,90 


06 29 90 


08/15,90 


11 


90 


08 01 90 


07 1 1 '90 


07' IS 90 


08 3190 


12 


90 


OS 1 5 90 


07, 25 90 


OS 01 90 


00 14 00 


12 


90 


09 04 90 


OS 13 90 


OS 20 00 


10 04 00 


01 


01 


OQ 14 00 


OS 24 90 


OS 31 00 


10 14 00 


01 


01 


ID 01 00 


09/10 90 


09 17 90 


10 '31, '90 


02 


01 


10 15 90 


09,-25 90 


10 02 90 


11; 14 90 


02 


01 


11 0190 


10 11 90 


10' 18, 90 


1 1 30 90 


03 


01 


11 15 90 


10 24 90 


10 31 90 


12 14 90 


03 


01 


12 03 90 


11,0S 90 


11 15 90 


01 02,91 


04 


91 


12 14 90 


11;21 90 


1 1 30 90 


01/13 91 


04 


/91 


01 02 91 


12,07:90 


12 14 90 


02 01 91 


05 


91 


02 01 91 


01, 10 91 


01, 18 91 


03 03 01 


06 


91 


03 01 91 


02 OS 91 


02 15 91 


03 31 01 


07 


91 


04 0191 


03 11 91 


03 1 S 9 1 


05 01 91 


OS 


91 


05 01 91 


04 10 91 


04 17 91 


05 3 19 1 


00 


01 


06 03 91 


05, 10 91 


05 17 91 


07 03 91 


10 


91 


07 01 91 


06 10,91 


06 17 91 


07,31 91 


11 


91 


OS 01 91 


07 11 91 


07 18 91 


OS 31 91 


1 2 


91 


09 03 01 


OS 12 91 


OS 19 91 


10 03 91 


01 


92 


10 01 01 


00 10 91 


0'> 17 91 


10 31 01 


02 


02 


11 01 01 


10 11 91 


10 IS 91 


12 01 01 


03 


02 


12 02 Of 


11,07 91 


11 14 01 


01 01 02 


04,0 


02 



* J he "/'iirlieu r.ffectire Dale" h computed u'.sumitvz that the public heaiitvi 
and ad(i/'lin/i occur in the calendar month immediately followin'i the "huie 
Date", that the a'^^cnei files the rule with Ihe Administrative Rides Review- 
Commission by the 20th of the same calendar month and that ARRC approves 
the rule at the next calendar month meetins.. 



VOTING RIGHTS ACT FINAL DECISION LETTERS 



[G.S. 120-30.911 , effcciivc July 16. 1986. requires that all letters and other documents issued by the 
Attorney General of the United Slates in which a final decision is made concerning a "change af- 
fecting voting" under Section 5 of the Voting Rights Act of 1965 he published in the North Carolina 
Register. / 



U.S. Department ot .Fusticc 
Civil Riizhts Di\isi(iii 



.IPfiGSRAdn 
D.J 1 66-01 2-.^ 
Z4628; /.62n() 
Z5569; Z6201 



Voting Section 
P.O. Box 66128 
Washington, D.C. 2I)0.LS-6128 



Januan- 22, 1000 



David A. IIolcc, Esq. 

Citv Attorney 

P.O. Box 1388 

Lumherton, Noilh Carolina 28359 

Dear Mr. I lolec: 

This refers to the two annexations (adopted July 17, 1989, and November 20, 19S9) and the des- 
ignation of those areas to districts for the City of Lumberton in Robeson County, Xorth Carolina, 
submitted to the Attorney General pursuant to Section 5 of the Voting Rights Act of 1965, as amended, 
42 U.S.C. 1973c. W'e recci\'ed your submissions on November 22 and December 27, 1989. 

The Attorney Cicneral does not interpose any objections to the changes in question. I iowcvcr, 
\vc feel a responsibility to point out that Section 5 of the Voting Riglits Act expressly provides that the 
failure of the .Xttorney General to object does not bar any subsequent judicial action to enjoin the 
enforcement of such changes. In addition, as authorized by Section 5, the Attorney General rcsen'cs 
the right to reexamine this submission if additional infonnation that would otherwise recjuirc an ob- 
jection comes to his attention during the remainder of the sixty-day review period. Sec the Procedures 
for the Administration of Section 5 (28 C.F.R. 51.41 and 51.43). 



Sincerely, 



.James P. Turner 

Acting Assistant Attorney General 

Civil Riizhts Division 



By: 



Barn 1 1. Weinberg 
Acting Chief, Voting Section 



NORTH CAROLINA REGISTER 



1106 



V()TIN(, RK.HTS ACT FINAL DECISION LETTERS 



U.S. Department of Justice 
Civil Riiihts Division 



.iri:! I r;CM:rac 

DJ 166-012-3 Votin- Section 

Z5822 I'.O. Box 66128 



Washinjiton, D.C. 20035-6128 



.Januan, 26, 19Q0 



Michael Crowcll, Fsq. 

I harrinuton. Smith & IlarLrrovc 

F>.0. Rox 11.^1 

Raleigli, North Carolina 27602 

Dear Mr. Crowcll: 

This retcrs to the extension ot the candidate qualif\ing deadline for the I'WO counts board of 
commissioners election in I ec Counts , North Carolina, submitted to the /\ttomcy General pursuant 
to Section 3 of the \'oting Riglits Act of 1965, as amended. 42 L'.S.C. 1973c. We rcceised your sub- 
mission on .lanuan.' 12, 1990. 

I'he .Attomes' (General does not interpose any objection to the change in question. Ilowescr. ue 
feel a responsibility to point out that Section 5 of the Voting Rights Act expressly prosides that the 
failure of the .\ttonie\ General to object docs not bar any subsequent judicial action to enjoin the 
enforcement of such change. In addition, as authorized by Section 5. the .Attorney General resenes 
the right \o reexamine this submission if additional infomiation that would othensise require an ob- 
jection comes to his attention during the remaiiuler of the sixt\"-day resiew period. See the Procedures 
for the .Adminislnition of Section 5 (2S C.I .R. 51.41 and 51.43). 

Sincerely, 



Acting .Assistant .Attornes General 
Ci\il Riiiiits Disision 



By: 



Barr>' II. Weinberg 
.Acting C'hief, \'oting Section 



1107 NOR TH CAROLINA REGIS TER 



PROPOSED RULES 



WIIA: 2 DKPAR IMKM Ol 

A(,RicLi;n Ri: 



No 



oticc is hereby given in accordance with G.S. 
I SOB- 1 2 thai the N.C. Board of Agriculture in- 
tends to amend rule(s) cited as 2 \CAC 37 .020/ 
- .0203; 43L .0204: 4SA .0611. .1201 - .1202. 
.1204. .1206. ./20S, .121 1 - .1213. .1215 - .1216: 
repeal rule(s) cited as 2 XCAC 2(>B .0107 - 
.01 10: 43 L .0633: 4SA .1203: and adopt nde(s) 
cited as 2 SCAC 20B .0112: 4SA .KMl - .1608. 



Th 



he proposed effective date of this action is June 
1, 1990. 

1 he public hcaririg will he conducted at 10:00 
a.m. on March 20. 1990 at Conference Room. 
L.Y. Balleiuine Bldg., 2/09 Blue lUdge Rd.. 
Raleig/i, \C 276/2. 



Cc 



oin/nent /Procedures: Interested persons may 
present statements eitlxer orally or in writing at the 
pidilic hearing or in writing prior to the hearing 
by mail addressed to LXnid S. Mel. cod. Secretary 
of the \orth Carolina Board of A'^riculture. I^.O. 
Bo.x 27647, Raleigh. SC 276//. 

CIIM'II K 20 - INK NOKIll ( AKDMN A S lA IK 
hAlK 

SLBCII AIMKK 20B - KKGl LAIIONS Ol IIIK 
SIAIK FAIR 

SKCnON .OlOO - (;iM RAI l>K()\ ISIONS 

.0107 SOI K I lAIION lOR DONAIIONS 

ON SIAIK rAIR(;ROlM)S (RKIMAIKD) 

.0108 SOI Kll AIION I OK DONAIIONS: 
DISIRIIU HON OK I IIKRAIKRK 
(RKIMAIKD) 

.010') I'KRSONS SOI K I IIN(; (RKI'KAKKD) 

.0110 IDKMIIK AIION CARDS (RKI'KAKKD) 

Statutory Authority G.S. /06-503. 

.0112 HOOllI Rl IK 

(a) Solicitation of donations or the sale, offer- 
ing for sale or distribution of any item, including 
written or printed material, is proliibited, except 
from an assigned space in compliance w ith Sec- 
tion .0200 of this Sulxhapter. This Rule does 
not apply to wholesale \endors operating in ac- 
cordance with Section .0200 of this Subchapter. 

(b) An\ person who \iolates this Rule may be 
ejected from the I'airgrounds and prohibited 
from returning. 

Statutory .iuthority G.S. 106-503. 



CIIAI'I KR M - a(;ronomi( skkmc ks 
SKC HON .0200 - i'ro(;rams 

.0201 soil I KS I IN(; SKR\ UK 

hidividuals desiring soil tests ma) obtain the soil 
container and instructions from the Agronomic 
Services Division or their county L ' xlL ' n ! M(in (tflic e . 
local agricultural ad\ isor. All samples will be 
anah/ed for \i)lume weight, pll. Bpll, orgiinic 
h tunic matter, phosphorus, potassium, calcium, 
magnesium, manganese, copper and zinc. Nu- 
trient and management recommendations will be 
made to correct deficiencies or toxicities h\ the 
application of lime, fertiUzer, and other sciil 
amendments. 

Statuloty Authority G.S. /06-22( /7). 

.0202 I'l AN I ANAIASIS SKR\ IC K 

lndi\iduals desiring plant analysis may obtain 
plant tissue mailers and instructions from the 
.Agronomic Ser\ices Di\ision or their countv e*- 
tL ' n t' ion offic e , local agncultural ad\isor. .All 
samples will he analyzed for nitrogen, 
phosphorus, potassium, calcium, magnesium, 
manganese, copper, zinc, ttft4 boron and other 
elements as needed. Results of the test and rec- 
timmendatiiMis for corrective action will be pro- 
sided. I or the pur|''Oses of this Rule, "plant 
anals sis" shall include anah sis of wastes and 
other solutions tor agronomic pur|'>oses. A tee 
of tour dollars (ii4.()l)) will be charged for each 
plant sample analyzed. 

Stdtuloiy .iuthority G.S. /06-22{/7). 

.0203 NK\K\rODK AD\ ISOR^ SKRMCK 

lndi\'iduals desiring nematode analysis may ols- 
tain sample containers and instructions from the 
Agi'onomic Ser\ices Division or their coinil) e^<- 
ten -. ion offic e . local agricultural ad\ isor. If 
plant -destructive nematodes are li)und in the soil, 
the best method of control will be recommended. 
A fee of two dollars ($2.1)0) will be charged for 
each nemaUnk ' aii(il\ '. i '. . sample anah zed. 

Statutory .Iuthority G.S. lOO-22( 17 J. 

CIIAI'IKR -i.t, - MARKKTS 

SI Ii( IIAl'IKK 4,11, - M ARKKIS 

SK( HON .0200 - KKKS: (11 \RKO I I K 
KAKMKRS' MARkKI 

.0204 SI'AC K W All AlUI IIA 

(a) Spaces m the Charlotte Regional larmers 
Market shall be rentetl on a first come, lust ser\'e 



NORTH CAROLINA REGISTER 



lUhS 



PROPOSED RULES 



basis. TuL-nty-five percent of the spaces will be 
available for weekly rental on a first come, first 
ser\'e basis. 

(b) 1 eased \'acant spaces may be reser\'ed from 
October tlirough March, subject to daily or 
weekly rental, for a fee of fifteen dollars ($15.00) 
per month or a ma.ximum of sixty dollars 
($60.00). 

Siatutoij Aiuhoiity G.S. 106-22: 106-530. 

SK( I ION .0600 - OI'KKM ION Al. Kt I.KS 

M^^^ S.M AM AMIKK S lOX KS {RKI'K M.KD) 

Siiiiuiory Auihority G.S. IOi)-22: / 06-5.^0. 

(II \IMI K 4S - IM \N I IM)l srK\ 

SI IKIIAIMFR 4S\ - I'l AM I'ROTF.CTION 

SK( HON .0600-1501 I WKKMI 

.0611 RKOl IRKMKMS FOR l'R()(,RVM 
I'ARFK II'AFION 

(a) .Ml cotton fami operators in the state are 
hereb_\' required to participate in the eradication 
program. Participation shall include timely re- 
porting of acreage and field locations, compliance 
with regulations, and pasment of fees. I'arm 
operators within the elimination /one, shall be 
notified through the extension otfices or newspa- 
pers of their program costs on a per acre basis 
on or betore .March 15. The following proce- 
dmes are required tor participation in the pro- 
gram; 

(1) 1 illuig out a C~otton .Acreage Reporting 
lonn at the ASCS ofCicc by July 1 of the 
cutTcnt gi'owing season for which partic- 
ipation is desired. .\t this time the farm 
operator shall p,i\" a nonrefundable fee in 
an amount sutficient to co\cr estimated 
program costs as detennined b\ the 
(Commissioner, but not to exceed 4* tk*4- 
\itf^ ($6.00) nine dollars (S'XOO) per acre. 
I'hose fami operators not reporting their 
acrCvigc b\ .lul\ 1 will not be considered 
as program participants. ,\11 acreage re- 
ported by such nonparticipants after .July 
1 will be considered in excess and subject 
to penalt_\. 

(2i .\11 fees shall be paid by the farm operator. 
1 ees sh.ill be maile payable to and col- 
lected b.\ .\SC.S. 

(b) 1 ami operators in the elimination /one 
whose ASC^S measured acreage exceeds the 
grower reported acreage by more than ten per- 
cent, shall be assessed a penalt\ fee of three dol- 



lars ($-\0(l) per acre on that acreage in excess of 
the reported acreage. 

(c) /\ farm operator may appl)' for a waixer 
requesting delayed pa\ment under conditions of 
financial hardship. /Vn_\ farm operator apphing 
for a wai\'er shall make application in writing to 
the Plant Pest Administrator. This request must 
be accompanied by a financial statement from a 
bank or lending agenc_\' supporting such request. 
All fanii operators granted wai\er requests for fi- 
nancial hardship w ill be charged interest payable 
at a rate equal to 15 percent per annum. The 
decision whether or not to waive aU or part of 
these requirements shall be made by the Plant 
i'est .Administrator and notification gi\en to the 
tarm operator within two weeks after receipt of 
such application. 

(d) Failure to pay all fees or file a com[^leted 
w ai\er request for dela\ed pavment on or before 
July 15 of the current growing season will result 
in a penalty fee of fi\e dollars ($5.00) per acre. 
If a waiver is granted, pa\ment shall be due at the 
time the cotton is sold, or by November 15, 
whichever is sooner. 

SiaitiUin- .Authority G.S. 106-65. ~4: 106-65.77; 
/06-65.SS: I06-65'.0I. 

SF( FION .1200 - M RSFRX ( FR FU IC \ FION 

.1201 DFFIMFIONS 

Definitions: 

(1) .Agent. -Any person who solicits, takes 
orders or sells nurserv stock or collected 
plants for a nurservman or dealer otf the 
premises or place of business of said 
nursePi man or dealer: 

(2) Collected Plant. .\nv nurscrv' stock, other 
than eurrentlv certified nursen stock, which 
is dug or gathered from any locatiiin; 

(3) Collected Plant Certificate. .A document 
issued by the \\nlh C^arolina Department 
of .\griculture w hich declares that the person 
named on the certificate has given satisfac- 
torv evidence that all nursen stock ciillected 
by him will be in accordance with the plant 
pest regulations ol the North Carolina De- 
partment of Agriculture; 

(4) Collected Plant Regulated .Area. .\ny 
counties or parts of counties in the State o{ 
North (~arolina listed or provided for in 
these ReguKitioii '. : WIumi rules; w hen it is 
detennined that tliere are large numbers ot 
plants collected in any area ot the state, or 
that movement of nursery stock presents a 
hazard because of plant collections in that 
rcLiulated area; 



11119 



.\ORTH ( .{ROIJ.Wl REGISTER 



PROPOSED RULES 



(5) Infestation. 'I'he presence of any plant pest 
which is regarded as injurious; 

(6) Inspector. An employee of the North 
Carolina Department of Agiiculture desig- 
nated by the C(5mmissioner to enforce these 
Regulations; 

(7) Nursery. Any place where any of the 
plants defmed as nursei")' stock are grown for 
distribution or s.de; burtor, cschangL ' Hf a4+7 

(S) Nursery Dealer. .\ny person not a grower 
fe>f of nursery stock who obtains certified 
nursery stock and or collected plants for the 
purpose of ro 'i i ' lling, oxchcniging distribution 
or giving iiv ^ a; . iiulL ' pL ' ndjnlly sell independ- 
ent of the control of a nursery; 

(9) Nursers' Dealer Certificate. A document 
issued by the North Carolina Department 
of .Agnculture which declares that the person 
named on the certificate has given satisfac- 
tory evidence that all nursePv' stock sold or 
otherwise disposed of by him will be such 
as was secured from regularly certified nurs- 
eries or certified plant collectors: 

(10) Nurser>man. Any person who owns, 
leases, manages or is in charge of a nursery; 

(11) Nursery Registration Certificate. A diic- 
ument issued by the North (Carolina De- 
partment of Agriculture which declares that 
the person named on the certificate has listed 
his name, address, and location with the 
Plant Industr>' Division. Plant Protection 
Section of the North Carolina Department 
of Agriculture, and is authorized to off e r 
distribute or sell nurser*' stock fw= 



barlL ' r. e vchangL ' . t+f » a+ft- w ilhin the state; 
(12) Nurser\ Stock. .All aitulL ' " . Lk - fiiu ' d «*. 
plijnl nii i lonal i. ' xclud i ng gii. ' t ' nliou '. t ' polt^ ' il 
I'lliiiil '. mlc ' iidi. ' d k*f- indoor hm*7 w ild or cul- 
ti\ated plants or parts thereof trees, shrubs. 
\ mes. bulbous pl.ints and roots, gratis, 
scions and buds. 1 \cluded are: 

(a) annual plants; 

(b) cut tlowers: 

(c) tree, tield. \ eL'cl.ible. Ilower or other true 



(d) decoi.ilu e plants or pl.iiit parts wilhout 
roots not inlended for propauaiion: and 

(e) perennial plants inteniled lor indoor use 
that are produced ui North ( 'arolina. 

I hese exclusions nia\ not a|ipl\ to {M.ints lor 
w Inch an mspeclion js ree|uiied to lacilitate 
nunemenl or is re<.|uired b\ another rule m 
this Chapter. 

(13) Person. Indi\idual, corporation, p.irtner- 
ship, finn or association: 

(14) Plant Inspection Certificate. .\ document 
issued b\ the North Carolina Dc|iartment 
of /\griculture or the appropriate plant pest 



regulatory agency of any other state which 
declares that the plants grown by the person 
named on the certificate have been inspected 
and found apparently free of injurious plant 
pests; 
(4^ Plant Material. AH- wtWr cultivated, w 
greenhouse grovi i n pkints. tree 'i . '. hiub '. , 
vin e^ i, bulbou '. iikint '. *h4 root -. , graft '. . 
!. cioiih, *h4 biuh . grow n *-vf kepi k*f- t-vF capa 
bfe e4^ propagation, di -. tribiilion. tw ^-r^er 
I'xcluded rtfe annual planl '. . e++4- Ilower '. . ri+t4 
tree, fi e ld, veuetvible rH+4 Ilow e r ..e ed. Al '. o 



excliuled t+fe ilecorali' . e plant ', w ilhoiil root!' , 
m+t- inlended ft+f propagation: 
( 1.'^) (-U4 Shipping Tag. A tag issued b\- an au- 
ihori/ed inspector of the North C^arolina 
Department of Agriculture which accompa- 
nies indi\idual shipments of plants which 
states the number and identity of all the 
plants in the shipment and declares the ap- 
parent freedom from injurious pests. 

SlalutofT Authoritv G.S. 106-65.45: 106-65.46: 
/06-2S4./S: 106-420. 

.1202 M KSKKIKS 10 Al•l'l,^ lOK 

INSl'KX HON OR RK(;iS I KA I ION 

(a) .All nurserymen who grow , barter, t+f ex- 
chang e distribute nursery stock in North 
Carolina, except as provided in (b) of this Rule, 
shall make application to the Plant Industr\ Di- 
vision for inspection prior to offering plants for 
distribution or sale, bart e r, exchange, Bf stft-r 

(b) /\11 nurserymen whose business is less than 
one acre in size and whose sales are confined to 
N\)rth Carolina shall register his or her nursery 
with the Plant Industrv {division prior to ollering 
plant! . fH+ !i ale. barter, e xchange t->+ attr distrib- 
uting or selling an\ nurser\' stock. 

SialuUny .Utthoritv dS. 106-65.45: 106-65.46: 
106-284. IS: 106-420. 

.12(1.? orilKK I'l AM INSl'l ( IIONS 
(KKI'KAI KD) 

SiatiiUny .{utiuniiv G.S. / 06-65. 45: / 06-65. 46: 
/00-2S4./S: / 06-420. 

.1204 CI.AS.SIIICATION OI M KSI KM S 

All nurseries in North Carolina shall be classi- 
fied ;is certified or registered. ,\11 nur-sei\men 
have the right to request the categoiy to which 
thev ;ire assigned. final assignment may be 
based on agreement between the inspector and 
nurseryman. 

(1) Certihed. .Any nuisen that 1^ one acre or 
more m si/e or tli.il produces and distributes 



NORTH CAROLINA REGISTER 



nil) 



PROPOSED RULES 



or sells nursery stock mh\ or 'le ll -. , biirter ' / . , 
*+f L ' xeluinut" . >i uch artiii e'. outside the state: 



SliitL ' H+ Noilh (\u'i)l i n(i: 

(a) I^etail Nursery. Any nursery v^here X(l 
percent or more ot" the nursery stock sold 
is to the tmal consumer; fof h+^ t*?^ 

(b) Wholesale Nursery. Any nursery where 
80 percent or more of the nursery stock 
sold is to oIIkt nurseries, dealers or other 
persons for resale; 

(c) Retail and Wholesale Nursery. Any 
nursery where sales consist of nursery 
stock which is sold as follows; 

(i) directly to the final consumer, and afee- 
(ii) to other nurseries and/or dealers for re- 
sale with the percentage of total sales for 
each cateac^ry cateiiories (a) and (b) being 
less than 80 percent; 
(2) Registered. .Any nursePi' less than one acre 
in size that produces but does not distribute 



(3 



or sell nursePi stock 1*«4- doc; . ftB4- ^t4^ btiilur, 
t+F exchang e ;. uch articlL" . outside the state; 

Institutional. An> nurser\' ovsned or oper- 
ated by any governmental agency. 

Statutor\> Aulhority G.S. 106-65.45; / 06-65. 46; 
106-284.18; 106-420. 

.1206 C KKIII K AIK RKQl IKKIl 

No person shall distribute, sell or offer for sale 
bartL ' r. L ' xclumgi. ' . rt+ stve asvay nursen.' stock or 
collected plants without a \alid nursery dealer 
certificate, plant inspection certificate or nursery 
registration certificate as required in these rules. 

Statuton' .luthorily G..S. / 06-65. 45; 106-65.46; 
106-284.18; 106-420. 

.12(I.S M KS^K^ l)K Al KK ( KKIM ICATK 

(a) Persons who maintain no regular nursery 
but who deal m nurser\ stock grown in regularly 
certified or registered nurseries and/or collected 
plant plants shall be required to possess a nursery 
dealer certificate. To obtain such a certificate, 
the nursery dealer must submit an application 
listing all sources of nursery stock and collected 
plants to be distributed or sold, barter e d, t+f e^i- 
changod w^ gison a' . v av . It shall be a \iolation 
of this Section for a nurser\ dealer to distribute 
or sell bart e r, exchaniie »-»+ sfvt' a ' • wis nursen 



stock or collected plants which have not been 
inspected and certified b\' an inspector in North 
Carolina or a dul\ authori/ed plant pest regula- 
tory official of another state or country. 

(b) The annual fee for a nursery dealer certif- 
icate shall be ten dollars ($10.00) for each lo- 
cation from w Inch nurser\' stock is sold, bartered. 



exchanged or gi\en away. This certificate expires 
December .1 1 of each year, 
(c) .Ml nurser,' stock and or collected plants in 
the custcxly of any dealer shall be subject to in- 
spection at an\' time and shall be maintained in 
certifiable condition. Dealer certificates can be 
revoked at any time for cause. Records shall be 
kept of all plant acquisitions and shall be made 
available to an\' inspector of the North Carolina 
Department of Agriculture upon request. 

Slatiiloty .lulhnrilv G.S. 106-65.45; 106-65.46; 
106-284.18; 106-420. 

.121 I NOKIll f AKOI.INA M RSI RIKS 

(a) Every carload, box, package or other ship- 
ping container of nurseiy stock or collected 
plants which is distributed or sold cxchungod, 
bartorod, gi' . L'n a ' . say »f t run '. port e d by any per- 
son whose place of business is in North Carolina 
shall be accompanied by a copy of a valid North 
Carolina nursery certificate or nursery registra- 
tion certificate or North Carolina nurser\- dealer 
certificate, plainly and securely attached unless 
the shipment bears a shipping tag. 

(b) Any shipment of nurser>' stock which is not 
accompanied by a valid copy of a nursery certif- 
icate, nursery registration certificate, nursery 
dealer certificate or shipping tag as required is 
hereb) declared to be a public nuisance and may 
be returned to shipper, destroyed or othcnvise 
disposed of by the inspector without compen- 
sation to the consignor, and the consignor will 
be notified as to the disposition of such ship- 
ments. 

(c) Out-of-date certificates cannot be revised 
and used after expiration nor can the date and 
number of expired copies of certificates be 
changed and such copies used after expiration of 
the original certificate. The wording and form 
t)f this copy shall be the same as that of the ori- 
ginal certificate furnished by the Department of 
Agriculture and aU copies must be complete, 
printed in fuU, with issuance and expiration tlate 
and number included. 

(d) At the discretion of the enforcing agency 
any holder of a plant inspection certificate, nurs- 
ery registration certificate or nursen" de;ilcr cer- 
tificate may be ret]uired to submit a sample ot the 
printed copy for appro\al. 

(e) When satisfactory agreements can be 
reached, pemiission may be granted tor the 
printing of pennanent certificates or other ac- 
ceptable facsimiles of the certificate. These per- 
manent certificates will be subject to revocation 
at am time for cause. 



//// 



NORTH CAROLINA REGISTER 



PROPOSED RULES 



Statuton- Authoritv G.S. 106-65.45; 106-65.46; 
106-284. IS; 106-420. 

.1212 OL r-OF-S r.M K M KSKKIKS 

I'very' carload, box, package or other container 
of plLint iTiatL'ridl nurser\' >tock originating iiut- 
side North (^aroHna and being mo\ed into North 
Carolina for customer deliver\' or for resale must 
have attached to it a tag or certificate stating in 
effect that the plant mat e rial nursen sicK'k being 
moved has been inspected and certified as ap- 
parentls free from injurious plant pests by an 
authon/ed official of the state of origin. The 
shipment must bear the name and address of the 
shipper. Any shipment of plant mcilL ' ricil nurser\ 
stiK'k entering North Carolina not meeting these 
retiuirements is hereby declared to be a public 
nuisance and may be returned to shipper, treated, 
destroyed or otherwise disposed of by the in- 
spector, uithciut compensation to the shipper. 
Thi ' - . The ta^ or certificate shall in no ua\' be 
meant to \i)id the requirements ot any federal or 
state plant pest quarantine. 

Statutory Authoritv G.S. 106-65.45: 106-65.46; 
1 06-284. 1 H; 106-420. 

.121.^ IM KSIKI) PI.AMS I ROM 
Ol l-OI -SIAIK 

Any plants moving from outside North 
Carolina for deli\er\ in North Carolina, whether 
or not included under the definition ot plant 
material nurserx' sttK'k and whether or not ac- 
companied b\ a tag or certificate of inspection 
or dealer certificate, found [o be inlested with 
injurious plant pests, is herebx' declared a public 
nuisance and m,iy be returned to the shipper, 
treated, destrosed or otherwise disposed ot by the 
inspector without compensation to the 
consignor. 

Sldtutorv Authoritv G.S. / 06-65. 45; 106-65.46; 
/06-2S4./S; 106-420. 

.1215 I ORHCN ( OlMRIKS 

(a) .\n\ person receiving directK or indireclly 
an\ plant mLilurial niirsei\ st(Kk or other living 
plants or plant parts, including seed, triim foreign 
countries shall notify the Plant IndustPi' Division 
of the amval of such shipment, of the contents 
thereof, and the name and address of the grow er 
antl consignor, and shall hold such shipment in 
the original container for inspection tor a 10-da_\ 
period unless otherwise directed b\ an inspector 
of the I'lant Industp,' Division. 

(b) At the discretion of the I'lant i'est .\dniin- 
istrator, any plant inatLMial nursery stock or other 
living plants or plant parts, including seeds, may 



be required to be grown under a state postentry 
quarantine. When such a situation arises, the 
Plant i'est .Administrator may prescribe the exact 
conditions of this quarantine. 

Staluiorv Authoritv G.S. 106-65.45: 106-65.46; 
1 06-284. IS; 106-420. 

.1216 IKANSPOKLVnON COMPAMKS 

(a) No transportation company or common 
carrier or agent thereof shall receive for trans- 
portation and delivery within North ("arolina any 
carload, box. bale, package or other container of 
plant mat e rial nurser\- stock from a point outside 
North Crarolina unless such container shall have 
phiinly and securely attached thereto a copv of a 
certificate of inspectit)n or dealer certiticate or 
shipping tag where applicable, valid at the time 
the shipment is received, made in favor of the 
consignor and issued bv the authorized official 
of state of origin. 

(b) No transportation company or common 
carrier or agent thereof shall receive for trans- 
portation and deliven. frimi any point in North 
Carolina to another point with North (~arolina 
an\ carload, box, bale, package or other con- 
tainer of nursery stock unless such container shall 
have plainlv and securelv attached thereto a copy 
of a plant inspection certificate, nurserv' registra- 
tion certificate, or nurserv' dealer certificate or 
shipping tag where applicable, valid at the time 
the shipment is received, made in favor of the 
consignor and issued by an inspector. 

(c| If any transportation comp.mv or ctjinnuin 
carrier receives any carload, box, package or 
other container of plant material from a point 
outside of North Carolina for deliven, in North 
C?arolina or nurserv" stock from a point within 
North Carolina for deliverv to another point 
within North Carolina which is not acct)mpanied 
by a nursen certificate, nursen registratiim cer- 
tificate, shipping tag where applicable, the\' shall 
immediately notifv' the North C"arolina Depart- 
ment of Agriculture, and shall hold from deliv ery 
such container of nurser> stock until rele.ised liy 
an inspector. 

Stiitutorv Authoritv G.S. 106-65.45: 106-65.46; 
106-284.18: 106-420. 

SI ( I l()\ .1(,00 - I'lD I ()PIIA(;()l S SNAILS 

.K.Ol DKIIMIIONS 

.\s used in this Section: 

(1| Commissioner. The (\immissioner of .Ag- 
riculture for the State of North (\irolina; 

(2) Compliance Agreement. .\ written agree- 
ment between an individual or concern 



NORTH CAROLINA REGISTER 



1112 



PROPOSED Ril.ES 



dealing in or mtning regulated articles and 
the Ncirth ('arolina Department (if Agricul- 
ture, I'lant IndustPv' ni\isuin, wherein the 
former agrees to complv uith conditions 
specified in the agreement to pre\ent the es- 
tablishment or dissemination of 
phstophagous snails; 

(3) Infestation. A property on which 
ph\tophagous snails ha\e been found, or a 
property onto which regulated material has 
been nuned for an_\' purpose trom an in- 
fested property, and regulated or host mate- 
rial which has been exposed to. come in 
physical contact with, or been stored where 
the pest has been found. Such properties 
shall be cimsidcred infested until the Plant 
I'est .\dministrator is of the opinion that 
phNlophagous snails do not exist on said 
property: 

(4) Inspector. An\" authon/ed employee of the 
North (~arolina Department o\' .Agriculture, 
Plant Industpi' Di\'ision, or any other person 
authori/ed b\" the (."onimissioner of Agri- 
culture to enforce the prosisions of this 
quarantine and regulations supplemental 
thereto: 

(5) Pest and or Plntophagous Snails. The 
ftillowing snails in an\ stage of desclopment: 

(a) brown garden snail (Helix aspera Muller); 

(b) giant South American snail 
( Megalobulimus oblongus Muller): 

(c) \\hite garden snail ( Ihcba pisana .Muller): 

(d) giant .\tric;in snail (Achatina sjip): 

(e) any other plant-feeding snail which may 
be determined b\ the Commissioner to 
be inJLinous to North Carolina agncul- 
ture. 

(6) Pl.int M.itcrial. All wild, cultnated, or 
greenhouse grown plants, trees, shrubs, 
\ines, bulbous plants and roots, grafts, 
scions, and buds. Included are annual 
plants, cut flowers, and decoratne plants 
without roots: 

(7) Quarantined or Regulated Area. An\ por- 
tion of a state in which ph\ toph;igous snails 
arc found, or has been placed under 
quarantine on acctnint of same: 

(8) Regulated Articles. Nursery stock, other 
plant materi;d, and articles capable of trans- 
porting plulophagous snails, including used 
containers and trash. 

Shituioiy Auihoritv G.S. 106-65. 45; / 06-65. 46: 
/06-:S4./S: 106-420. 



( 1 ) .All infestetl areas in the states of Arizona, 
("alilornia, I Itinda, Hawaii, Minnesota, 
New Mexico, Oregon, Texas, and 
Washington. 

(2) .Any other areas hereafter found to be in- 
fested with ph\tophagiHJs snails. 

Statuion Authoriiv G.S. 100-65.45: 106-65.46: 
106-2S4.IH: 106-420. 



.1603 IIKIICl I hrk pkoiiihitfd 

Raising, mauitaming and or 

ph\tophagous snails is prohibited. 



holding 



Staiuiorv .-iuihoriiv G.S. 106-f)5.45; 106-65.46; 
106-2S4.1S: 106-420. 

.1604 MO\KMKNT PKOIIIBITFD 

Movement of phytophagus snails in an\ state 
of dc\ elopmcnt is prohibited except for s, , ntific 
purposes when mo\ed under provisions of fed- 
eral or state regulations. 

Statulo/y .Authoriiv G.S. 106-65.45; 10(>-65.46; 
106-2S4.1S; 106-420. 

.1605 DISPOSITION 

Regulated articles from c^uarantined areas that 
are infested with ph\1ophagous snails or have 
been exposed to infestation b\ the pest may be 
ordered destroyed or fumigated b\' the Commis- 
sioner in accordance with CJ.S. 106-421 at the 
expense of the owner. I'he Commissioner or his 
agent may allow regulated articles to move in 
sealed vehicles to dcsign:itcd safe markets under 
limited permit. 

Statutory Authority G.S. 106-65.45: 106-65.46; 
106-2S4.1S; 10O-420. 

.1606 ( oNnnioNS (;o\i kmn(; mommf-m 

Ol KKil 1 A IK!) AKIK [ KS 

Regulated articles shall not be moved into, 
within, or from .North Carolina nor shall the\ be 
processed, planted or propagated except under 
conditions stipulated b\ the Commissioner or his 
agent. Such conditions shall be consistent with 
the quarantine requirements of the extenor 
agency and shall lie designed to prevent estab- 
lishment or dissemination of phNlciphagous snails 
in North Carolina. Regulated articles shall be 
accompanied b\ valid certificates or inspection 
tags issued b\' the state of ongin when such cer- 
tificates are required under the cjuarantinc or 
regulations of such aecncN'. 



.1602 kk;i I AIKI) akkas 

The tolKnvint; areas are reuulated: 



Statutory Authority G.S. 106-65.45: 106-65.46; 
106-2S4.1S: 106-420. 



1 11.^ 



SORTH C A ROUS A REGISTER 



PROPOSED RULES 



.1607 \\ \I\F,K OF RKQl IKKMKNTS 

When it has been determined by the Commis- 
sioner or his agent that certification or treatments 
are no longer necessary or desirable under the 
specified conditions of these regulations, he may 
waive the certification and/or treatment require- 
ments on specified articles, products and items. 

Statutory Authority G.S. 106-65.45: 106-65.46; 
106-284. /■'<: 106-420. 

.1608 COMI'I.IANCE AGRKEMKM 

As a condition of issuance of certificates or 
permits for the movement of regulated articles, 
any person engaged in purchasing, assembling, 
exchanging, handling, processing, utilizing, treat- 
ing, or moving such articles may be required to 
sign a compliance agreement stipulating that he 
will maintain such safeguards against the estab- 
lishment and dissemination of ph>1ophagous 
snails and comply with such conditions as to the 
maintenance of identity, handling, and subse- 
quent movement of such articles and the cleaning 
and treatment of means of conveyance and con- 
tainers used in the transportation of such articles 
as may be required by the inspector. 



StaiutoiT .luihority G.S. 
I06-2S4.IH: 106-420. 



106-65.45: 106-65.46: 



Tiru: 4 DKPAR IMKM OF E( ONOMK 
.AM) ( OMMIMI V DKMJ.OlVMKVr 



A^. 



' otlcc is hereby given in accordance with G.S. 
I50B-I2 thai the Department of Economic and 
Community Development intends to amend 
rule(s) cited as 4 \C.IC II .0101 - .0102. .0201 
- .0202, .030/ - .0302. .040/ - .0402: and adopt 
nde(s) cited as 4 .\C.iC // .0203. .0303 - .0304, 
.0405. .070/. 



Th 



/le proposed effective date of t /lis action is ./une 
I, 1990. 



1 /le pub/ic hearing wi// be conducted at /0:00 
a.m. on .March 22^/990 at liooin 6/68, Dobhs 
Building, 430 .\. Salisbuty Street. Raleigh. .\'C 

(^ omment Procedures: Any person interested in 
these rules may present oral comments to the 
action proposed at the public nde-making hearing 
or delh'er written comments to .Art Brilt. .Ir.. ()/- 
fice of t/ie Secretaty. Dept. of Economic and 
Community Devehpment. no later than March /'). 



/990. Anyone planning to attend the /waring 
.s/wu/d notify Art Britt. Jr.. by .March /9, /990. ' 

CIIAPTKR 1 - DEPARTMF;NTAL Rl LES 

SI BCHAITKR II -IM)l SIRIAL Bl II.OING 
AND RENOVATION FLND 

SECTION .0100 - PI RPOSE AND DEFINII IONS 

.0101 HACKGROl Nl) AND OB.IECTIVES 

(a) The purpose of the North Carolina hidus- 
trial Development bund (also to be known as the 
Industrial Building and Renovation F'und) is to 
assist local city or county governments located in 
the most economically depressed counties in the 
state. This assistance w+tt be [s intended to help 
those units of government create new jobs by 
providing financing for the renovation or im- 
provement and expansion of manufacturing or 
industrial buildings so as to induce "private profit 
making" entities to occupy, by lease or purchase, 
and to operate manufacturing or industrial busi- 
nesses. 

(b) The objective of this program w+H- bt» i^ to 
provide new full time jobs for North Carolina 
citizens. I'he dopartmi 'i it Department of Fco 
nomic and Community Development v\ ill neces- 
sarily determine that the renovations and 
improvements are a necessary part of the private 
firm's decision to provide the new jobs. If it is 
determined that the private firm would have (++f 
h*i alr e ady b e gun kH -^ p e nd spent (or has already 
begun Ui spend) private money to make these 
renovations and create these jobs, no funds from 
this program vv ill be expended. 

Statutoiy .iut/iority Section / / 1 if Part .\\ll 
C/uipter 830. /987 Session Laws: C/iapier '^54. 
/989 S.L. 

.0102 DEFINITIONS 

(a) "Department" means the Department o[ 
I eonomic and Community Dev eloi'iment. or its 
secret >in. 



(b) fH-^ "Act" means Section 111 Part X.XIl of 
the consolidated budget act codified as Chapter 
830 of the I'^SV Session Laws and amended by 

GJv U3B;437A. 12X2. 

(c) f4>)- "Applicant" means a unit of city gov- 
ermnent located in a qualified county or a unit 
of county government which meets the definition 
of a qualified county. 

(d) fe) "Industrial Development I'und" means 
the appropriation of monies given to the De- 
partment h4^ Commerec for these puiposes. This 
fund w ill also be known as and referred to as the 
Industrial Buiklmg Renovation and Improve- 
ment lund. 



NORTH CAROLINA REGISTER 



1114 



PROPOSED RULES 



(e) (4| "Qualified County" means one of the 50 
most economically depressed counties in the 
state. "I'he Secretary' of the Department shall 
detennine which counties are the most econom- 
icalK' depressed ctninties m the slate based on: 
rate of unempUnment. per capita income, and 
relati\ e population and work torce Lzrowth or 
lack of Lirou th. as eietermined hv the Secretar\ . 

I he \\\\\\ t-ht» kni . > ■■■;. t nu ' dian pe* capita incom e , 
c» compar e d k* the -^ loai . t t H.(>nomically 4e»- 
prL" ''' i. ' d cminti e-' w+t-h t-ht* liicLhe '. t median p<* 
capita income. -1-ht* median pt^ capita inc(Mne 
figures Used in making this comparison and the 
delineation of "most" and "least" will he the lat- 
est available per capita income figures, by county, 
as documented in a published form by any State 
or I'ederal Agency generally recognized as having 
expertise and creditabilitv in t44>. field, these 
fields. 

"I men:enc\ 



(I) 



.\ssistance Oualified Count\' 



leans an\ count\ which is facin'.; the threat of 



or w hich IS expenencinL; a major economic dis- 
location. A ma|or economic dislocation would 
me. in the actu.il or imminent loss ol manufic- 



tunm. 



lobs caused h\ one 



closinufs) or one or more announc 
la\ off s) which affect: 



more plant 
plant 



( 1 ) at least .sill) |obs: or 

( 2) a number o[ |obs which is equal to or ex- 
ceeds ten percent (2i_ the existing manufac- 
turing W(irk force. 
In the case oi SiibpaniLiraph (f)( 2) of this Rule, 
the number ot |obs impacted must exceed .st). 

('J) fe-> "Project" means one or more activities 
proposed for funding, or for partial funding, un- 
der this Rule. Such a project will be described 
in a narrative and accompanied by a preliminary 
set of drawings which set out the exact factual 
situation and a detailed schedule of costs from a 
contractor or engineer. The schedule must con- 
stitute an ability to complete such project with 
no more than a ten percent contingency. /Ml 
such project material will provide evaluations of 
potential tor unusual site characteristics which 
might intluence construction or operating costs. 
In each case, the tiroject description will docu- 
ment the direct relationship between the pro|ect 
aiKl the |obs created. 

( 1 ) 1 lie '. o renovations ef improsomontf i 
I'ro|ect expenditures for existmg buildings 
ma_\ include: 
(j\) the construction of or improvements 
to existing water, sewer, gas or electncal 
utihty systems, distribution lines, or re- 
quired storage facilities, and or; 
(li) the renovation of buildings to include 
strtictural repairs, stiaictural improve- 
ments such as roof repair, addition of 



docks, or the erection of walls or special 
strtictural supports to support cranes; 

(C) improvements to the building necessary 
to make the building suitable for the oc- 
cupancy of the building by the occupant 
and the operator of the project. Such 
improvements may include mechanical 
equipment such as heating or air condi- 
tioning equipment, plumbing, pipes or 
trenching to handle eftluents or process 
water, special electrical additions neces- 
sary' for ovens, furnaces or other process- 
ors and Ughting. If a renovation or an 
improvement is critical to the operation 
of a particular manufacturing or industrial 
businesses, or, if such improvements are 
critical to the decision making process 
pertinent to the creation of such jobs, the 
actual improvement need not be located 
on the site of the industrial building. Still, 
the apphcation must document the exact 
relationship of the jobs and the project. 
.An example of fundable project would be 
the case where a unit of government must 
construct an elevated water tank and ser- 
vice water lines to a building so as to 
provide sprinkler water to a building 
where such service is directly recjuired to 
operate the industrial or manufacturing 
business. An example of a unfundable 
project would be where a unit of govern- 
ment seeks to expand or to repair defi- 
ciencies in their total system and where 
the relationship to the creation of jobs is 
fairly general or indirect. The project wiU 
be described in the perspective of em- 
ployment to be created in the impact area 
of the project. Direct and indirect jobs 
will be treated separately in the discussion. 
The operator of the project will provide 
details as to the nature of direct jobs cre- 
ated, including the skills required, work 
conditions, wages paid and seasonal in- 
tlucnccs on the nvimber of work da\s per 
year; 

(D) the installation of or purchase of man- 
uficturing equipment or process prcv 
i.kictions equitsment- 

(2| In the case o^. counties desi'-:nate>-l as "se- 
verely depressed", project extsenditures 
m:i\ include construction o^ or improve- 
ment to new or existmL! w.iter. sew er. uas. 
or electncal ulilil\ distribution lines or 
equipment to ser\e new or proposed in- 
dustrial buildinijs to be used tor manuftc- 
turim: and mdustnal oper.itions. Such 
infrastnicture sJuiH be locateii mi the site 



1115 



M)RTH CAROLI.XA REGISTER 



PROPOSED RULES 



of the huilding or directly related to the 
specific manufacturini; activity. 

(h) "I'mcrtiency Assistance Project" shall have 
an extraordinary meaninu lari^er and more inclu- 
si\'e than the definition of project in Paragraph 
(g) cM this Rule, in that in the existing critical and 
harsh emergency conditions, the Secretary may 
expand the project cost items to include non- 
capital expenditures such as marketing studies 
and partial funding for local economic develop- 
ment programs. 

[il (4^ "Reno\ation" shall have the same mean- 
ing as project, as described in Paragraph (g) of 
this Rule. 

(i) fg)' "Secretary" means the Secretarv' of the 
North Ccirulina Department, »f Commi'ivc or liis 
designee. 

(k) fb) "State" means the State of North 
Carolina. 

(1) "Se\'erel\" Depressed" counties means those 
counties so designated under (j.S. 10?- l_V).4()(c) 
or Cj.S. 11)5-151. 17lc) or units of go\eminents 
within those counties. 



Statutory' Authority Section III of Part XXII 
Chapter S30, I9S7 Session Lcm's; Chapter 734, 
J9S9 S.L. 

SKCnON .0200 - GKNKR Al. KKQl IKKMKNTS 

.0201 DAI K I OK KKf I in OF AI'IM ICA IIONS 

1 he Department ef Cummorco uiU receive ap- 
plications rtfttH^ No' . embi.'r -14t -1-UJv+ on a first- 
come, first-ser\'e basis. .\pplications will be 
assigned a processing case number when that 
application is received and is judged to be suffi- 
ciently complete for consideration. Where pos- 
sible, applications will be processed in the order 
of the processing numbers assigned. 

Statutory Authority Section III of Part XXII 
Chapter 830, I9S7 Session Laws. 

.0202 c;r \nt catkgokifs for pro.ifcts 
oki info im)fr rl ff .(ii02(<;) 

(a) Applicants for projects defined under Rule 
.nifl2(g) may etm appl_\ for funding under differ- 
ent grant categories, including the categories of 

(1) utility improvements or additions owned 
by public bodies; 

(2) utility impro\'ements or additions owned 
by private entities; 

(3) industrial facilities owned by public bodies 
but being leased or being improved for 
immediate or delayed sale to pri\ate op- 
erators, or to pnvate "amis-length" land- 
lords; 



(4) industrial and manufacturing facilities 
owned by private "non-profit" entities 
such as "Community Development Cor- 
porations" or "Committees of 100" 
funded and/or endorsed by the elected 
leadership of the unit of Government; and 

(5) industrial and manufacturing facilities 
owned by "for profit" entities to be im- 
proved by funds loaned to the private 
"profit-making" entity by a unit of city 
or county go\emment. 

(b) There is no minimum grant amount which 
applicants may request or be awarded. Cirant 
awards shall not exceed the total amount speci- 
fied by the General Assembly in its appropriation 
process. Chapter 830 of the 19S7 Session I aws, 
in Section 111, Paragraph (2), limit e d limits the 
maximum grant to a sum not to exceed the lesser 
amount \^ of two hundred fifty thousand dollars 
($250,000), or a total of twelve hundred dollars 
($1,200) for each job created. For the purpose 
of this Section, the per job limitation w ill be im- 
posed on the basis of requiring a commitment 
trom the occupying industnal or manufacturing 
firm as to the number of jobs it will create o\-er 
a reasonable period of time, not to exceed three 
years. The number of jobs created will include 
only those people directly employed in perma- 
nent or seasonal jobs by the operator who occu- 
pies the facility; indirect and temporary- jobs will 
not be included. 

(c) When a project renovation or improvement 
is to be accomplished to a building or on a site 
owned by a private entity, whether the private 
entity is conducted on a "for profit" or on a "not 
for profit" basis, the project will be financed by 
a loan to that private entity. This loan will be 
made to the private entity by the local unit of 
government with funds made available from this 
program. In each case, the local unit of go\'em- 
ment will establish its own authoritN' to do that 
financing. The applicant w ill require and provide 
to the Department *+f (?ommL ' rcL > satistactor\' 
documentation that all costs are reasonable and 
that all funds are to be expended with regard to 
the conflict of interest statutes regulating business 
transactions between government officials and 
other involved parties. The applicant will pro- 
pose a plan of project administration which is 
satisfacton.' for the Department, ef Commi. ' rcL'. 

(d) All funds expended which directl) assist 
participating private entities must be repaid to 
grant recipients and then returned to the Depart- 
ment ef CummL'rce as such repayments are re- 
ceived. Such repaid funds will not be returned 
to the General Fund, but set aside to fund new- 
projects approved under this Subchapter. Gen- 
erall)-, project grants classified under Rule .0202 



NORTH CAROLINA REGISTER 



1116 



PROPOSED RULES 



(a) (1) will not be repaid. Repa\ment for 
projects otherwise classified ma\- be given subor- 
dinate collateral positions, interest costs which 
are at less than market rates, or amortization 
which defers cash flow, in so long as requests are 
documented as necessar)' to the creation of jobs 
and the success of the project. 

(e) A project will be subject to re\iew by the 
Department t4' Commurcc at an\ time during the 
first three years after the project begins. I'or a 
project classified under Rule .0202(a)(2)(3)(4) 
and (5) of this Rule. an_\- repayment balance that 
it owes the local unit of go\emment may be 
partially or fully accelerated if the business has 
closed, or if the operating compans has not made 
reasonable progress towards its jobs creation 
goal. 

Statuioiy Authority Section III of Part XXIl 
Chapter S30. I9S^ Session Lcnss: Chapter "54, 
I9S9 S.L. 

.0203 GR.VNT C ATFGOR'^ /TKO.I DFI INED 
I NDFR RL l.t; .0I02(g)/FMGCV .\SST 
I'RO.I 

Applicants for tunding of projects which meet 
the dellnition of hmergency Assistance projects 
shall be pennitted to expand their project to in- 
clude cost items necessaPi" to allc\iate the special 
and e.\traordmar>' emergenc_\ conditions found to 
apply. Such items will include talent fees, the 
cost of marketing studies, and local economic 
development activities. 

Statuioty Authority Chapter "54. I9S9 S.L. 

SKC HON .0.^00 -SKI. F.CriON I'ROCFSS 

.0301 RF\ IF\\ OF APIM ICAFIONS/FL NDING 
/PRO,! DEFI>Fn/Rl LE .0102(g) 

(a) Applications will be submitted in a manner 
prescribed b\' the Depailment. t+f Commerce. 
Selection of applications for funding will be 
based primarily on information contained in the 
application. Ihusl)' the application must pro\ idc 
sufficient information ft>f ^ il^ to allow the De- 
partment ef Commeive to rate them against the 
selection criteria. When an application is deemed 
complete, it will be assigned a processing case 
number. 

(b) Applications for funding of l'merL:enc\' 
.A■^^ista^ce pro | eels ma\' be submitted direct 1\ to 
the Secretai'N ot_ t_h£ Dep-iiliTient. 

(c) f4*+ .Apphcations Km; lundinL: cM t-meriiencN" 
Assistance projects also ma\ mu ' U be recened 
and ,ill otlier .ipplications will be receuvd 1*¥ ffee 
IX ' pailineiit H+ Liiiunieice. in the Commerce Fi- 
nance Center. Room ZiJl'l. 2n4. Dobbs Build- 
ma, 430 N. Salisbur\- Street. Raleidi. North 



Carolina 27611. The department will maintain 
a policy that applications be approved or denied 
by the last day of the calendar month follow ing 
assignment of a processing case number as set 
out in Rule .0201 (a). When possible, applica- 
tions will be processed in the order that case 
number numbers are assigned. 

StdtutofT Authority: Section III of Part XXII 
Chapter S30. 1987 Session Laws. 

.0302 ELIGIBUFF^ RFQL IREMENTS FOR 

PROJECTS DEFINED IN RL FE .0102(g) 
Applications for projects defined in Rule 
.0102(g) will show that: 
(Ij Ihat this funding is a \ital part of the pro- 
posal to create the jobs set out and that the 
jobs wiU not be created if the project goes 
unfunded, and 

(2) Ihat the project is completeh' funded or 
financed, e.\ccpt for the particular funds 
sought in the application, and 

(3) 1 he in\'olvement of the local unit of gov- 
ernment is formally authorized by its elected 
board under specific resolution and b\' spe- 
cific State Statute, and 

(4) The participating private entity must pro- 
\ ide a letter of commitment relating to the 
project. That letter will state that the 
project is to be carried out as described in 
the application, with specilicity as to time 
schedules and to the parties invohed. 

Statutory .Authority Section III of Part .\XII 
Chapter S50, I9S" Session Lcnvs: Chapter ^54, 
1989 S.L. 

.0303 REMEW OF .M'PFICATIONS FOR 
FUNDING OF EMERGENCE 
ASSIST.VNCE PRO.IECFS DEFINED 
IN RULE .0102(h) 

.Applications for funding for projects defined in 
Rule .01U2(h) will show^ that: 

(1) There e>dsts an emergency in the economy 
large enougli to be considered an economic 
dislocation as set out in G.S. 143B-437(d). 

(2) That the project for wiuch funding is souglit 
might help to alleviate the economic emer- 
izencN described in Subparasraph ( 1 ) of this 
Rule. 

Staiutoiy Authority Chapter "54. 1989 S.L. 

.0304 EI IGIBlFIr^ REQ/EMG^ .\SST 

PROJECTS DEFINED IN RL IE .0102(h) 
Application for Emergency Assistance projects 
defmed in Rule .0102(h) will show that: 
(1) the economic emergenc\ exists, or is un- 
mment. and 



77Z; 



SORTH CAROLISA REGISTER 



PROPOSED RULES 



(2) the project will, or will tend to, alleviate the 
especially se\ere economic emergency 
caused b\ the described economic dislo- 
cation. 

Statulory Aiiihorily Chapter ''54, l')S9 S.L. 

SKCI ION .0400 - AIM'KOV .\I, CRH K.KI,\ 

.0401 (;knkkal 

In order for the Department «-4 ('omnu ' rcL ' to 
approve a project, or an "l'merL!enc\- .Assistance 
project", the Secretary' is required to make certam 
findings necessary to document that the Depart- 
ment h4-" CommcrcL ' is conducting the duties spe- 
cifically gi\en to it in Chapter 830 of the 1987 
Session Taws, those duties expressed in other 
General Statutes, and in i\ule .(1402 of these 
procedures, in a responsible and prutlent manner. 

Slatutoty Auilioiity Section III of Part XX 1 1 
Chapter 830. I9S7 Session Laws. 

.0402 RKQl IRKI) I INDINC.S I OK \I'I'K()\ Al. 
Ol- A I'KO.IK I 1)H INK!) IN 
Kl IK .OI02(j;) 

(a) Before the Department can begin to make 
the approval of a project defined m i\ule 
.(Ml)2(L'). as specitled in G.S. Chapter 830, a 
linding must be made that the project: 

(1) Will assist a unit of Ciovernment in one 
of the most economically depressed 
counties of the State as measured by me- 
dian per capita income; and 

(2) I he funds will be used tor renmation of 
buildings to be used in manukicluring and 
industrial operations; or 

(b) I he Secretary will document, a finding 
based on data provided to him either in the ap- 
plication or by staff research, that the jobs to be 
created b>' this project o\er no more than a three 
year period, will be large enough in number to 
ha\e a measurable favorable impact on the area 
immediately suiTounding the project and will be 
commensurate with the si/e and cost of the grant 
to the project. The department will use as a 
guideline, a standard of requiring one job sa\ed 
or generated for each one thousand two hundred 
dollars ($1,200) in grant financing. The applicant 
has the burden of demonstrating that the jobs 
will have a measurable impact on the county. 
The applicant must show by clear and convinc- 
ing CN'idence the number and type of such jobs 
generated. 

(c) I'he SecretaPv will make a tini.ling that the 
operator of the proposed project has demon- 
strated the capabilities to operate such a facility. 

I he applicant has the burden of showing that 



capability exists in the operator to operate and 
maintain the facilit)' efficiently and eftectisely. 
i inancial strength and prior related experience 
by the operator will be given great weight. 
Where little or no prior experience can be dem- 
onstrated, the qualifications of management, in- 
cluding production or engineering staff, 
applicable, wiU be of great significance. 

(d) The Secretary' will make a finding that the 
financing of such project by the authority will 
not cause or result in the abandonment of an 
existing industrial or manufacturing facility of the 
proposed operator of an affiliate elsewhere in the 
state unless the facility is to be abandoned be- 
cause of obsolescence, lack of available labor, or 
site limitations. I he Department shall consider 
an abandonment statement as prima facie proof 
of lack of abandonment. 

(e) The Department shall use the definitions 
of terms found in Section .0200 oi' this Subchap- 
ter to make these findings. 

Statutniy Authority Section III of Part XXII 
Chapter S30, I9S7 Session Laws; Chapter 754. 

pm S.L. 

.0405 I IMIINGS RKQ/AIM•KO\.\L/F:MGC^ 
I'lUXIHCTS DKI INKD/Rl IK .0102(h) 

(a) Before the Department can begin to make 
the approval of and to fund an I'mergency 
project as defined in Rule .()102(h), the Secretary 
will detennine that the economic dislocation de- 
scribed has caused an economic emergency and 
that the emergency is of such size that extraor- 
dinary measures are required to help alleviate the 
emergency. 

(b) That the funding for L;mergenc> projects 
during the current budget has not. 

(c) liven with the funding for the I'mergency 
project so approved, will not exceed one hundred 
thousand dollars ($100,000.00). 

Statutory Authority Chapter ~54. 1080 S.L. 

SKCnON .0700 - l)K.SI(;NAri()N OK 
Ql Al II IKl) COLMIKS 

.0701 OKSKAAIION OF THE \U\\ MOST 
KCONOMK Al I A DKPRKSSKn 
COLMIKS 

liach \ear, on or before December 31, the Sec- 
retar\' of the De]iartment of liconomic ani.1 
Community I.^e\elopment shall designate the 50 
most economicalK depressed counties m the 
stale; this designation shall be for the following 
calendar \ear. 

Statutory Authority Chapter '^54, 1080 S.L. 



NORTH CAROLINA REGISTER 



1 1 /<V 



PROPOSED RULES 



■k-k-k******* ■>;******* 



lyotice is hereby given in accordance with G.S. 
1 SOB- 1 2 that the Hazardous Waste Management 
Commission intends to amend rulei's) cited as 4 
SCAC IS .0203 and .0303; adopt ndeis) cited 
as 4 sac IS .0204 and .0308. 

1 he proposed effective date of this action is Juh 
1, 1990. 

/{. II public hearings will be conducted at '^:30 p. 
m. on: 



.March 20. 1990 

Reidsville Sr. High School 

.4 uditorium 

1901 S. Park Dri\-e 

Reids\Hle, .\C 2'' 3 20 

March 21. 1990 

MCSC .Auditorium 

3021 CornwalUs Road 

Research Triangle Park, SC 2'"09 

March 22. 1990 

Johnston County Courthouse 

Superior Court Room 

2nd Floor 

2/2 .Market Street 

S/nithfield, .\C 2o^7 

March 27. 1990 

Randolph Community College 

.-\ uditorium 

629 Industrial Park .4 venue 

.tsheboro, .\C 2'' 203 



Cc 



omnient Procedures: .Any interested person 
may present written comments for consideration 
by the Commis.uon. The hearing record will re- 
main open for receipt of comments from January 
25. 1990. 'through March 27. 1990. Written 
comments should be receh-ed by the Commission 
by 5:00 p.m. on March 28, 1990. to be considered 
as part of the hearing record. Comments should 
be addressed to: 

.Ms. Cindy Trinks 

.\.C. Hazardous Waste Management 

Commission 

Post Office Box 25249 

A'c2/c;Vi. AC 2''6II 



Any person may present oral comments at the 
hearings. Requests to speak should be presented 
in writing to .Ms. Cindy Trinks at the above ad- 
dress no later than fne days before the date of the 
respective hearing. Additional comments may be 
allowed by the Commission by sign up at the pub- 
lic hearings as time allows. All presentations will 
be limited to 5 minutes. .A map presentation of 
all the areas of the state which hine been excluded 
by the statewide screeriing process is scheduled at 
7:00 p.m. before each public hearing. The justi- 
fication document required by G.S. /30B-II fbj 
explaining each criterion and a fiscal note covering 
these rules has been prepared by the Commission 
and may be obtained by written request addressed 
to .Ms. Trinks at the address above. .According 
to the procedures set out at G.S. I50B-I3. these 
ndes were adopted as temporary ndes. effective 
Januaiy 25. 1990, with a proposed effecti\-e date 
as permanent ndes on July 1 , 1990. These ndes 
are amendments to the current temporary ndes at 
4 SCAC IS .0100 through .0300 which are pro- 
posed to be adopted as permanent ndes on March 
I. 1990. 

ClIAPTtR 18 - \.C. IIA/AKDUI S WAS IE 
MANAGEMENT COMMISSION 

SECTION .0200 - Sn E SEI ECIION CKII EKI \ 

.0203 SITE LOCATION FACTORS AND 
CRITERIA 

I his Subsection sets out rules for excluJinii sites 
based upon the factors set out in G.S. 13UB-11 
which requires the Commission to consider 
hydrological and geological factors: environ- 
mental and pubUc health factors: natural and 
cultural resources: local land uses: transportation 
factors: aesthetic factors: availability and reliabil- 
ity of pubhc utilities; and availability of emer- 
gency response personnel and equipment in the 
development of site selection criteria. 

(7) The site shall ha\e an area desiizn;ited to 



encomp: 


iSS 


all haza 


rdous 


\\'a^ 


tc management 


imits. 
4m Q 


as 
_R 


defmed at 

2Ml. \iHh} 


in \C 
, and ^ 


aid 


liiF .nni L 
de-ii:nat.-d 


and 

area 



shall be at lea--t ~5 acres in m/c 

(S) I'he -lie mu>t have at_ least innQ feet be- 

tween the outside ol an\ hazardous waste 



manasiement unit and the nearest property 
boundarx of the Mte_ 

Cj) A location shall not be selected to he 
placed upon a iieneral soil association t'. pe 
that has a surlace slope ueater than j_5 per- 
cent for more th:in "^n percent o[ the soil area 
based upon I mted States Department ot 
■A'-ncullur.' (jcner il ScmIs .Asscxiation data. 

( 1 ri I A location shall not be s-L\ted sucit that 
a hazardous v, :isic management unit is 



1119 



SORT 11 C.{ROLl.\A REGISTER 



PROPOSED RULES 



placL-d within 0,25 miles ( 1320 feet) of an 
ofl-site tzrciiindwater ueil Irom \sliich water 
has heen drawn for use within two \ears 
prior t_o Januan, 25. !')')(). or 11)01) feet ot^^ its 
/.one of inlluence. deseribed as a eone ot de- 
pression, uhiehever is Ljeater. 
(11) A location shall not he selected to be 
placed: 

(a) within a drainage area for a Class I or U 
Resenoir as defined at ^O NC AC 101) 
.071)2(4) and (5): 

(b) \uthin the watershed for Class \\'S-I. 
\\ S-il and S.\ waters as classified M 1 5.\ 
NCAC 2H .0200: or 

(c) in some drainage areas as detennined by 
the i)i\ision of i'n\ ironmental Manatie- 



ment oi the Department ol In\ ironinent. 



Health, aiitl \:itLiral Resources lor waters 



classified W'S-Ill: or within t\^o miles and 
draininu to stream seunents classified as 
WS-iii 
I'or the thin.1 st:ite\vide screenint'. the 
CommissicMi shall use data prepared bv the 
i)i\ision of I n\ ironment<il ManaL'ement 
and the Dix jsion ot I in ironmental I lealth 
of the I)ep,ti1ment o[ 1 n\ ironment. 
i lealth. anel N.ilural i\esources lor classi- 
fications existini: or lor w hich a petition is 
filed prior to .laniiar\ 2x l')')ll. I or ["mr- 
poses ol the statewide screening! process, 
unnamed Iribul, tries to such waters w ill not 
be excluded. I he unnamed Inbularies will 
be considered when the Commissuin in- 
vestigates suitable areas on a site s;iecilic 
basis. 
( 12) A location shall not be selected to be 
placed within tU(^ miles ot^ a surface w:iter 
intake, existin',: as o[ .hinuarN' 25. r)')0, 
w hich pro\ ides water for human or animal 
consi_imption. unless it_ is dow nstream o[ the 
intake or i,1ih's n()t drain to a poinl upstream 
for such intake. 
( 1.^) I'dr waters classified as. or for waters for 
which a petition i^ pendiim for reclassifica- 
Uon to. ( )utst.indiim Resource Waters 
(ORW ) as descnbed at^ J^A NCAC 2B 
.0216 or II lull (Jualitv Waters (IICJW) as 
described a^ 15A NCAC 2B .021)1. and for 
w hich classification is cxistinL; or [letition r^ 
filed prior to .lanuarx" 25. I'^'l). a location 
shall not be selected to be placed: 

(a) within the dramaiie area ol^ the headwaters 
ot such waters, or 

(b) within two miles of a stream scLiincnt be- 
low the headwaters areas. 

lor purposes c^ the statew ide screeniuL: 
process, iinn.imed Inbularies to such w. iters 
will not be excluded. Ilie unn:inicd 



tributaries will be considered when the 

Commissi(in in\estiizates suitable areas on 

a site specific basis. 

( 14) A l(K-ation shall be selected such that the 

access from the main truck entrance of the 

ficilitv is no izreater than 15 miles to the 

Interstate I liiihwav .Sn stem or to a f(^ur hine 

hiizhwaN that directly connects to the Inter- 



state lliizhwa\ Sxstem. 



Staluiuty Authoiiiy (i.S. 
I30B-Il(b): I50B-I3. 



l30B-7(a)(5).(24}: 



.0204 I AM) DISPOSAL LM I SHI. CRITERIA 

(a) In the siting of a facility containing a land 
disposal unit, a location shall not be selected to 
be placed such that a hazardous waste manage- 
ment unit for land disposal is within 200 feet 
horizontally of a 200-year floodplain. 

(b) In the siting of a facility containing a land 
disposal unit, a location shall not be selected that 
has a soil in which the clay content is less than 
35 percent based upon data provided by the Soil 
(\Tnser\ation Serxicc of the United States De- 
partment of Agriculture. For the purpose of 
statewide screening, a location shall not be se- 
lected in a general soil association in which 50 
percent of the soils have less than 35 percent clay. 



StalutotT AiUhorily G.S. 
IM)B-ll{b): I50B-'I3. 



/30B-7iaj(5).(24); 



SECTION .0.^00 -SITE SEEECIION 
PROCEDURE 

.0.^0.^ STAIEWIDE S( REEMN(; FOR 

SCHAIJI.E SUES 

(d) The second phase of the statewide screening 
process will exclude lieneral areas under the cri- 
teria set out at 4 NCAC 18 .0203 [U throudi (6). 
The third ph:ise of the statewide screeniniz pixK'- 
ess w ill exclude general areas under the criteria 
sel_ oiU at^ 4 NCAC J_X .0203 (T] through ( 14). 
Ihese cnteria will eliminate additional unsuitable 
areas as those set out bv the criteria at 4 NCAC 
IX .0202 and G.S. 1.^0B'-11. 



Suitutoiy Aiitlunitv G.S. 1 30B-7{a)(5 },{24 J: 
131 )B-/ /(b): I50B-I3. 

.0.^08 EVALL .VnoN PROCEDURES 

At the end of the statewide screening process, 
the Commission shall e\aluate the remaining 
areas of the state h\ addressing the factors at G.S. 
130B-ll(b) and reappKmsi the site selection cri- 
teria in 4 NCAC 18 '.0200. In addition, the 
Commission will assess each area by adelressmg 
each of the items in this Rule, which are not 
weighted accordiim to their numerical order: 



NORTH CAROLINA RE(,ISTER 



1120 



PROPOSED RULES 



(1) I'actors that may alTcct the ambient air 
quality; 

(2) Areas that are underlain with natural 
geologic materials which have a permeability 
which is less than 1x10' centimeters per 
second, and which are of sufficient thickness 
to prevent vertical movement of fluid, in- 
cluding wastes and Icachate, from waste 
management units to waters of the state as 
long as wastes in such units pose a threat to 
water tiuality, with special consideration 
gi\cn to naturally occurring areas, although 
double synthetic liners pro\ide an extra two 
layers of protection; 

(3) An\ topographic or man-made features 
within three miles of the incinerator that 
might affect air qualit\ modeling; 

(4) The distance to the calculated center of the 
state, i.e. centroid, based u]ion the amount 
oi waste shipped otf-site; 

(5) Number of landowners and separate par- 
cels of property within a site area; 

(6) Available property as of JanuaPi' 25, 1990, 
to include: 

(a) State owned lands, such as pnson prop- 
erty , state supported uni\ersity lands, or 
land used or slated for industnal or 
commercial-t\ pe uses; 

(b) liKiustrial properties; and 

(c) I and available through the commercial 
real estate market listed as a\ailable for 
purchase. 

(7) Special air quality parameters such as 
temperature inversions and wind downdrafts 
in respect to universal health risks; 

(S) I'roximitN to Class B and SB waters and 
I'nnit ( I'r) waters as described at 15A 
NCAC 2B .0101; 

(9) Distance to the nearest meteorological 
stations for air motleling purposes; 

( 10) Areas of local aesthetic value; 

(11) NonliLiman populations, i.e.. plants and 
animals which may serve as sources of food 
for hiiinan jiopulations; 

(12) Access to tlie site by Department of 
Transportation easements or rights-of-vva\ ; 

(13) I he existence of seismic faults not in- 
cluded withm the meanine of 4 NCAC 18 
.0202(a)(6); 

(14) 1 he area in the pre\ailing wind direction 
from the incinerator stack as it applies to 
associated health risk calculations; 

(1.^) Distance to the site chosen by the low 
1 e\el Radioactive Waste Management Au- 
thontv; 

(16) I'roximitv to wildlife restoration areas; 



( 17) I'he distance to the calculated center of the 
state, i.e. centroid, based upon the amount 
of waste generated; and 

(18) Any other items deemed necessary by the 
Commission. 

Statutory Authohtv G.S. l30B-7(a){5).(24); 
/JOB-/ /(h); /50B-'/3. 



Jyotice is liercby i^iven in accordance with G.S. 
/SOB-/ 2 that the Dh-ision of Community 
.Assistance \.C. l^ept. o/ Economic and Commu- 
nity Development intends to ainettd rules cited as 
4 'SC.4C /9L .040/. .0403. .0407: adopt ndes 
cited as 4 SC.iC /9L ./60/ - ./604. 



1 /le proposed effective date of this action is ./une 

/. /ooo. 

J he public /waring will he conducted at 2:00 
p.m. on .March 79, J990 at / 307 Glenwood .Ave., 
Suite 250. Ra/cigh. \C 27605. 



Co 



omment Procedures: Written comments may 
be sent to /iob Chandler. Division o/ Co/nmunity 
Assistance. / 307 Glenwood .Ive., Ra/eigh, \C 
27605. Oral presentations may be made at t/ie 
public hearing. Persons /laving questions s/iould 
call Steve Cidnon at (9/9) 733-2.'^50. 

CII.M'IKK 19 - niMSION OI COMMIMl V 
ASSISTANCE 

SI lU IIAITKK IML - NOKIII CAKOI IN A 

COMMIM lA DKXKIOI'MKM 151 OCK (;KAN I 

I'U()(;RAM 

SIX HON .0400 - nisiKiHi HON oi 1 1 nds 

.0401 CINKKAL 

(c) .Applicants can apply for funding under the 
grant categories of Community Re\"italization, 
tconomic De\Tlopmcnt, Development Planning. 
Housing Demonstration. Interim .\ssist;ince, a+*4 
I'rgent Nectls, and Comniunitv In\ estment lor 
Fconomic f )pportunit\ . Applicants shall not 
appl\ ior Contmgencv funding. Contingency 
awards will be made to eligible applicants in 
Communitv Revitalization, Economic De\elop- 
ment. Housing Demonstration, and Develop- 
ment Planning categories. 

Authority G.S. 143-323: /43B-/0: 24 C.F.R. 
570.4S9'. 

.i)■iO^ SIZF. AND I SF OF CRAN FS MADF TO 



1 121 



NORTH CAROLL\A REdlSTER 



PROPOSED RULES 



RF.niMKNTS 

(a) There i^ no minimum grant amount which 
applicants may request or be awarded. Grant 
awards made to any one recipient shall not ex- 
ceed the following amount m each grant cate- 
gory: Community Re\italization - six hundred 
thousand dollars ($600,0(10); Fxonomic Devel- 
opment - six hundred thousand doOars 
($600,000); Development Planning - five thou- 
sand doUars ($5,000); Housing Demonstration - 
two hundred fifty thousand dollars ($250,000) or 
funds a\ailable; Urgent Needs - seven hundred 
fifty thousand dollars ($750,000): Intenm Assist- 
ance - seven hundred fifty thousand dollars 
($750,000) for projects designated to be com- 
pleted within 36 months from the award date, 
and four million dollars ($4,000,000) for projects 
designated to be completed within IS months 
from the award date: c«4 (.\intingency - six 
hundred thousand dollars ($600,000): and Com- 
munitN ln\estment for I'conomic OppcMlunitN - 
sc\ent\-li\e thousand dollars ($75,1)110). .Appli- 
cants shall not have a project or combination of 
projects, under active consieleration tor tunding 
which exceeds se\en hundred titty thousand dol- 
lars ($750,000), except for Interim Assistance and 
Urgent Needs projects. 

Authoriiv G.S. 143-323: I43B-I0: 24 C.F.R. 
570.489. 

.0407 (;KNKUAI APIM ICAIION 
KKQl IKKMKNTS 

(a) local governments are rec]uired to submit 
applications in a manner prescribed by NRCL^ 
in order to be considered for funding. Selection 
of applications for funding will be based prima- 
nly on information contained in the application; 
thus applications must contain sufficient infor- 
mation for NRCD to rate them against the se- 
lection criteria. AU applicants are required to 
address their projects to one of the following 
grant categories: Community Re\italization, 
I'conomic De\elo]->ment. Dc\clopmcnt Planning, 
Housing Demonstration, Intenm Assistance, »f 
Urgent Needs, or ('ommunit\ Inwstinent lor 
Fconomic OpportiinitN . /Vpplicants may apply 
in more than one grant category, apply for sc- 
\eral projects in the same grant categon.', and 
ha\'e more than one project appro\ed. providing 
the total grant applic:ition and award does not 
exceed the maximum limits described in Para- 
graphs (a) and (b) of Rule .0403 of this Section. 
Applicants shall submit an application that de- 
scribes each project in detail. 

.Iiuhoritv G..S. 143-323: I43B-I0: 42 L.S.C.l. 
5304iai: 24 C.F.R. 370. 4S9. 



SKCIION .1600-rOMMlMIA INMSIAIKM 
lOR FCONOMIC Ol'PORlUM lY 

.1601 OKFINinON 

(a) This category includes actisities in \%hich a 
majority of funds are directed toward expanding 
economic opportunities principally for persons 
of low- to moderate-income. Activities must be 
carried out b> an eligible non-profit organization 
incorporated in North Carolina. 

(b) Funds will be made available as a loan, and 
may be used for the acquisition of real property, 
site preparation, construction and permanent fi- 
nancing of buildings (including any related pre- 
de\elopment fees), renovation of buildings, 
ec}uipment, and furnishings and fi.xtures. Funds 
will come from the proceeds collected from re- 
pa> ments of loans that have been returned to the 
state from Fconomic Development projects. 

,\uthorily G.S. 143-323: I43B-I0: 24 C.F.R. 
5^0. 4S9. 

.1602 F^K;ll5ll,l^^ rfqi ikkmfms 

(a) .\pplications must demonstrate that at least 
51 percent of the CDBG funds proposed for each 
activity will benefit low- and moderate-income 
persons. Project design may not benefit 
moderate-income persons to the exclusion of 
low-income persons. 

(b) A person who is authon/ed bv the non- 
profit to act on its behalf must sign a letter com- 
mitting the organization to achieving the 51 
percent benefit and to securing the other funds 
that are part of the project. 

(c) Applicants must have the capacity to ad- 
minister a CDBG program. The following areas 
may be examined to detennine capacity: 

(1) /\udit and monitoring funds on previously 
funded CDBG programs, and the appli- 
cant's fiscal accountability as demon- 
strated in other state and federal programs 
or local government financial reports: and 

(2) The rate of expenditure of funds and past 
accomplishments of other project com- 
mitments in previously funded CDBCj 
programs. 

.liit/writy G.S. 143-323: 143B-I0: 24 C.F.R. 
5~0.4S9. 

.160.^ SFI ECriON CRI FFRFV 

Projects vviLl be evaluated against three selection 
criteria as follows: 

(I) I he percentage of CDBG funds directlv 
benefitting low- and moderate-income per- 
sons, and the economic distress ot the 
count) where the project is located. 



NORTH C.lROLiy.l REGISTER 



1122 



PROPOSED RULES 



(2) The level of need for the pn^jcct and its 
feasibility of success, including: 

(a) a re\ic\v of the extent of the need and the 
project's impact on this need, 

(b) accessibility of the existing similar pro- 
grams a\ailable to low- and moderate- 
income persons, 

(c) ability of the non-profit entity to repay the 
loan, and 

(d) the long-term \iabilit\ of the organization. 

(3) I.e\eraging: 

(a) ratio of other funds to CDBG funds, 

(b) strength of commitment of other funds. 

Authoritv G.S. J43-323; I43B-I0: 24 C.F.R. 
570.489. 

.1604 PKKI IMIN AR\ AWARDS 

(a) PreliminaPi grant awards will be announced 
after review and evaluation oi an application. A 
Cjrant Agreement shaU not be extended to a lo- 
cality until a Legally Binding Commitment with 
the participating non-profit entity has been exe- 
cuted, and approNcd by DC.\. The LegaUy 
Binding Commitment shall incorporate project- 
specific implementation requirements reflecting 
key project elements; including activities neces- 
sary for the project to proceed and goals to be 
met. 

(b| riie I.cgall\ Binding Commitment must 
be submitted to and appro\ed by DC.\ within 
90 days of the preliminary award announcement. 
.A preluninan award may be w ithdrawn if a Le- 
gally Binding Commitment is not approved 
within the ')()-da\ penod. If special circum- 
stances warrant, an extension of time for execut- 
ing the LegalK Binding Commitment subject to 
acceptable assurances and a timetable from all 
parties in\ol\ed may be granted. In no case shall 
the time for executing a legally Binding Com- 
mitment exceed six months from the preliminan.' 
grant award date. 

Auihoriiv G.S. /43-323: I43B-I0: 24 C.F.R. 
570.489. 

1 hit: 1 1 - DtPAR IMLM OF 
INSLR.WCE 



A^, 



oticc is herein :ih'en in accordance with G..S. 
15011-12 that the .\'.C. Departmenl of Insurance 
intend.'; to amend nda cited a.s II \C.\C 10 
.1102. .1104. 



1 he public hearing will be conducted at 10:00 
a.m. on March 19, 1990 at Third Floor Hearing 
Room, Dobbs Building, 430 Morth Sali.^bury 
Street. Raleigh. S.C. 27611. 

y^ omment Procedures: Written comments may 
be sent to Pete Murdza. P.O. Bo.x 26387, Raleigh, 
\.C. 2'^6I I. Oral presentations may be made at 
the public hearing. .Anyone ha\ing questiofu 
should call Pete Murdza at {919) 733-3284 or 
Ellen Sprenkel at (919) 733-4700. 

CI I APT KR 10 - I IRF. AM) CVSIAITY 
DIMSION 

SKC HON .1 100 - RAIK HI.INGS 

.1102 AI'I'I.ICABILITV 

1 he foUowings it emu Subparagraphs indicate 
which Suhparagraph Rules of this Riigulalion 
Section h^ appliciibk ' appK to a particular filing. 
Note that all rate fdings must be submitted sep- 
arately and under independent co\er from fonn 
(1) Rule .1103 applies to all workers' com- 
pensation insurance rate filings made by the 
North Carolina Rate Bureau. 
(2j Rule .1104 applies to all nonfleet pn\ate 
passenger automobile insurance rate filings 
made by the North Carolina Rate Bureau 
or the North Carolina Reinsurance TacilitN'. 
(3) Rule .1 105 applies to all rate filiuLis made 
bv the Niirth Carolin.i Rale Ikirciu other 
than those imohing wnrkers" compensatum 
insur.ince or nontleet pn\'ate passenger au- 
tomobile insurance. 
f4) (-4-f Rule .1106 applies to all application - : . 
filings for desiations from the rates oi the 
North Carolina Rate Bureau. 
(5) (-44 Rule .1 107 applies to all rate filings (in- 
cluding those filings deri\ed from filings of 
licensed rating organizations), other than t4i*» 
North C\irolina Rat e Bureau other than 
those insdhing: 

(a) I ines of insurance under the jurisdiction 
of the North Carolina Rate Bureau. 

(b) Ndnfieet pri\ate passenger automobile in- 
surance rates for the North Carolina Re- 
insurance FacilitN". 

(ft) (-i+ Rule .1 lOS applies to all rate filings de- 
scribed in Subparagraph (-44 f_5_[ of this Rule 
that meet either h+h* or both more of the 



Th 



he proposed effecih-e dale of this action is June 
1. 1990. 



following criteria: 
(a) .\ filing for a coverage that in\ol\es an 
increase in one year greater than ten per- 
cent or a decrease greater than 20 percent. 



1123 



AORTH CAROLI.X.A REGISTER 



PROPOSED RULES 



(b) A filing for a coverage by a company 
whose market share is greater than ten 
percent. 

(22 (4^ In Subparagraph fH (^ coverage shall 
mean one of the following: 

(a) Municipul liability; Accountants profes- 
sit^nal liability; 

(b) Public i . clKH^l liability; .Architects and en- 

gineers professional liabilit\ ; 

Child care Uabiiits' (other than such cov- 



(c) 
(d) 



erage sold incidental to another coverage, 
e.g., in homeowners or commercial 
multiperil policies); 

I rror ' i im4 timi '.'i ionr i liability: Dentists 
profcssjcinal liabilit\'; 
i'ubliu official liability; F^irectors. officers 



ind trustees liabilits': 



(f) Oflicen . c*h4 diruclor ;. liability; 1 rrors and 

ommissjons liabilitN': 

(g) i\ltorn e y >. malpraclict ' liability: I lospital 
premises liabilitv; 

(h) Accountant ;, maliiractico liability; Hospital 

professional liabilit\ : 
(1) ■ 

(J) 



VrchitL ' ct '. rH+4 L ' niiuu ' LT '. malpractic e liabil 
i+y-^ 1 awNers professional liability; 

1 iquor law liabilitN': 
(k) l ' 'i, ' ciL ' alional liabilil; , ; Municipal liabilit\': 
(I) 0\i . iKM '. . landlori.1 '; rt«4 ti - nantr . liabilit'v"; 



Nurses prc^lessional liabilit\ : 
(m) 1 i(.|uor k+vr liability: ( )\\ ners. landlords 

and tenants liabilitx ; 
(n) I'ollulion rH+d- en' i ironmi. ' n(al impairment 

liabilitv : i'h\ sicians and sumeons proles- 

sional liabilit\ ; 



(o) Police professional liability; 
(p) i'hy . iciiinL ' rttni i ^ urueono prof e-.-. ional li- 
iibilitv ; i'ollution and en\'ironmental 



imiiairment liabilit\ : 



iabilil' t ; Products and 



offi- 



(q) D e nti '. l '. pro l e" . '. ict 

completed operations liabilitv; 

(r) 1 hi '. pilid proiu '.'. ional lialiilil> ; Public 

cial liabilitN : 
(s) 1 icv i piiLil |ii\ ' mi '. i" . liability; i'ublic school 

liability: 
(t) Nur '. e 'i i^rol e' jsional liabilitv; Recreational 

liability; 
(u) Other healthcare specialities professional 

liability; 
(v) If not one of Subparagraphs (6)(a) through 
(6)(u) of this Rule, one of the lines listed 
on Page 14 of the Annual Statement. 
£S| (^ Rule .1109 applies to H++y aH licensed 
rating organizations participating in a filing 
made by the North Carolina Rate Bureau 
or the North Carolina Reinsurance I'acility. 
(Q) (44- Rate filings are not required for the fol- 
lowinL; lines of insurance: 



(a) Aviation physical damage; 

(b) I'idelity and surety; 

(c) Mortgage guaranty; 

(d) Ocean marine. 

( 10) f^ Rate filings are not required for the 
following types of policies: 

(a) rhose written pursuant to the Surplus 
lines Act; 

(b) Those written under the PAIR Fair Ac- 
cess to Insurance Requirements (PAIR) 
Plan; 

(c) Those written und e r tkt« Beach Plan h\ the 
North Carolina Insurance T'nderwriting 
/\ssociation (the Beach Plan) that include 
coverages other than only uindstonn and 
hail; 

Those written i ^.'. ued in North Carolina 



(d) 



(e) 



Hi 



(1 



covering multistate ri '. ka insureds except 
in respect to coverages applicable to 
North Carolina locations; 
Those i ^.' . ' Ui'd written by a town or county 
faiTners mutual lire insurance association 
restricting its operations to not more than 
six adjacent counties in this State; 
Those that contain assessment pro\ isions 
and that are wntten by domestic insurance 
companies, associations, orders or frater- 
nal benefit societies that are not recipro- 
cals. 

(-M-H .All manual inland marine manual rates 

and rating plans must be filed. 

(a) This Subparagraph include 'i applies to the 
manual rates and rating plans of both 
companies and rating organizations. 

(b) Rates and rating plans that are not con- 
tained in or den\ed from a manual need 
not be filed. 

( 12) f-k-H Rate filings are required for all rates 
whether ad\isory, suggested, or manual, ex- 
cept for those lines, policies, »f and rates 
specifically excluded in Subparagraphs C^), 
(10), t»f and ( 1 T) of this Rule. 

(a) Rates applicable to only one particular risk 
must be filed. 

(b) Rates may be tiled either as manual rates 
or as ranges of rates ixom which the rates 
for indnidual ri '^ ki . Vrtkl bt* insureds are 
determined. 

(_[3) fk^ Rules .1107 and .IIOS also apply to 
loss cost filings. In cases where a rating or- 
ganization files prospective loss costs, the 
same requirements as for rate tilings apply, 
with the exception of those dealing with ex- 
pense and profit pro\isions. 

( 14) f4ri+ The rates contained m all filings ap- 
pro\ed prior to tkh* elfecti'iL ' tkt+r' t4 tkn^ 
ivgulation .Iaiuiar\' _k ]'>')() w ill ha\'e an ex- 
piration date ol t-vrt+ yi ' ar '. after tkne ollecli'i e 



NORTH CAROLINA RECISTER 



1124 



PROPOSED RULES 



4rtti* Bi At* regulation. .lanuar\' J_^ 1^*^)2. 
Such rates may, subject to tlic Department's 
approval, be automatically renewed by a 
letter to the I^epartment, specifying the De- 
partment's file number and the original ap- 
proval date. 1 hereafter, lhe\ remain in 
effect until superceded, withdrawn, or mod- 
ified by a subsequent tiling. 

Stdtutoiy Authority (l.S. 5S-2.40: 5S-j6./5: 
5S-36.3d. 

.1104 NOM I KKl l'RI\ AIK I'ASSKNGFR 
M roM(M5ll K 

The information required bv N.C.G.S. 
5^ . 12 1.20(h) 5S-36. 15(h) tor nonlleet pri\ate 
passenger automobile rate filings shall be pre- 
sented as follows: 

Noto: If data required by this Regulation Rule, 
other than that specitied m .Subpara-^raph (."^)(c). 
are not being collected or reported, or are not 
readiK asailable to insurers prior to .June 1, 1989, 
then insurers shall commence collecting or re- 
porting such data as of .lunc 1, I'^SQ. For the 
data in Subparagraph (.^)(c). the applicable date 
lor commencm'-: colleclini; or report iul: i^ Janu- 
ar\ J_ 1^)^)2- I hereatter, such required data as 
ha\e accrued shaU be included in each filing until 
enough data i^ are a\ailable to full> satisly this 
Ri. ' gulalion. Rule if in addition to the full years 
of data specified in an\^ of the Subparairraphs 
belou . rt - qiK" . ! -. . more recent data ol less than a 
full year i^ are a\ailable, that data shall also be 
pro\ided. If updates to the information re- 
quested m auN^ of the Subparagraphs below be- 
come a\ ailable before a decision is reached on the 
filing. the\" shall also be pro\ ided. 
(I) North Carolina earned premiums at the 
actual .and cuirent rate level: U*^ losses and 



loss adjustment eviiorK ' nce: expenses, each 
on p. lid an 1.1 incurred b:ises \\ iihout treiulmg 
or other mo^lilication tor the e:\pencnce pe- 
i'uhI. includiUL; the loss ratio anticip.ited ,at_ 
the limes the rates were prtimulL::ited for the 
expenence period: 
(a) Include .ill a\ .iilable premium, loss, loss 
,id|uslment expense, and exposure data 
horn all comp.mies wnting N\)ith 
( ".irolina. nonlleet pri\ate passenger au- 
tomobile insur.ince. m \oiih Carolina 
■■ hiili t*e inckkk - d m t4+e w+e filing, II the 
experience of an\ comp.ms that writes 1+t+s 
more than one percent of the North 
Carolina nonlleet pn\ate passenger auto- 
mobile wntten premium is lias been ex- 
cluded from an\ t+h* rate level, trend, loss 
dc\'clopmcnt. or iiuestment income cal- 
culation for am coxeraue. identif\ the 



(b) 



coverage, the company and its market 
share and pro\ide an exjilanation for its 
exclusion. Also estimate the aggregate 
market share of other companies whose 
e.xperience is excluded from tho -.e such 
calculations. 

Include all available data refit in u to in- 
creased limits laetors and deductible cred- 
its. I'rcnide justification that the fictcirs 
and credits conl. lined in the tiling are nei- 
ther excessue. in.ideqiiate. nor unf tirlv 
disenmin.ilorx'. .Also pnnide .ill intorm.i- 
tum related to their denvation, including 
the killowimz: 



fi ) A description of_ aU d.it.t re\ iewed and 

all w orksheets useif 
(ii) A ccMTiplele description o[ the melhod- 

oloi!\ used to^ derne these factors and 

creilits: 



fiii ) A descriptitm oi alternative methodol- 
o'jjes Used or considered for use in the last 
three ve.irs: 



(i\ ) A description <M_ the cnteria used to se- 
lect a methodoloLiN : 

(\) Specific details on the application of 
these cnlen.i in die selection o| a meth- 
odoloiiN' tor this filiivj: 



( vi ) Details on the .ipplication oi lli£ meth- 
(^dolo'jv to this filing. 

(c') f4*+ Include all .iv.iilable expense data from 
all companies \\ ntin'-! North Carolina 
nonlleet pn\ .ite p.tssenuer automobile in- 
sur.ince. it die experience ot^ an\ com 
pan; , of the k+f» one hundred lar'-iest 
w nters of such niMilleet prisal e pa '' "enL'er 
automobilL ' insurance h* \orlh Caiolinu 
is excluded from an\' expense level calcu- 
lation, identif) l-hrrt- the compan\' and its 
market share .md pro\ ide an explanation 
for its exclusion. Also estimate the ag- 
gregate market sh.ire of other companies 
whose experience is excluded from e^i- 
p e n 'i f les e l such calculations. 

(d) M- If the filing contains changes in classi- 
fication differentials, include all a\:nl.ible 
classification d.ita from all companies 
w nliTiL: North C.irolin.i nonlleet pvw ,ite 
p.isscnuer .iiilomobile insur:tnce. \\_ the 
experience ot de^cnbL ' an\' comp:in\ th.it 
w rites more iIkiii cme percent o[ the Noilh 
C.trolina nonlleet pn\'.ite ji.issen'ier .luto- 
mcibile w nil en p remium ulenlif i able 
group t*t- poln l e v t-hr+t- kr+ve h.is been ex- 
cluded trom .iii\ t-he c.ilcul.ition ot such 
ditferentials. identif\ the comp.im and h+- 
dicLitt * th e ir its m:irket share, percenlage ' 
(4 (+H^ markot. and jiro\ ide an explanation 
tor its their exclusion. AKo estimate the 



7/2.5 



yORTH CAROLI.y.l RECISTER 



PROPOSED RULES 



aL'UR-ffiite market share of citlier compa- 
nies u'Ik'sc cxpeneiKC P; exchkled hum 
sueh calculations. 

(e) ftt) I'or each coverage, inchule actual 
earned premiums and calculate eanu\l 
premiums at present rates, '. hall W ciilcu 
luted, indicate how such calculations were 
produced, a«4 supply supporting doc- 
umentation for a sample of such calcu- 
lations, and iu '. tihcalion ef justify any 
aggregate factors used. 

(f) fe-^ l'ro\ide the latest written and earned 

premiums and marketshares for the ten 
largest writers of North Carolina ncmtleet 
private passenger automohilc insurance. 
iivaircr '. wt North ( aroliiui ' 4uill W ]iro 
sided . 

(g) fff hilormcition from t+H* Annual Stato 

ment t+ft lo -.-ie> ' i *ft4 jircmiunT . '. hall kn* m- 
cludod. I'rovidt ' ■■ uch information 

t . L ' parateh i fn* t4^ lato '. t tvr++ jVnnual 
Statemcnl 'i ft-vf v. Inch aggr e gat e data \^ 
u' l dikihl fc' including t4+e following it e m ;, efl- 
ft compo '. iti. ' ba '. i 'i ft-H^ t4+e Mf> -^ nonfloot 
pri'nilL ' pa 'i'i L ' HgL ' r in ^ auer ' ; . wt North 
Carolina: 
(4i North Carolina |i«w -k4T 1 ine - j 4-U^ 

f+H ^irtrt Or k-H^ -ka rt«4 if- 
(-HH k4H4 Mr 1 \W- -k^ ew4 j-fr 

l'ro\ ide composite l(^ss and premium in- 
tormation Irom each ot the latest two 
.Annual Statements tor the 50 largest 
wnters o[ North Carolina lUMilleet pn\ale 
passenger insurance, incliuling the foUow- 
ing: 

(i) I "nden\iiting and Imeslment JAhibit, 
Part 2. I ines I') and 21: 

(ii) I nderwritmg and hi\'estment I'.xhibit, 
Part 3, 1 mes I') and 21: 

(iii) North Carolina Patic 14. lines V>.\. 



1').2. and 21.1. 



(h) (-g-f I XLcpl m filings made hv the North 
Carolina Reinsurance l^acilit\'. provide to 
the extent possible the folktwmg ink'rma- 
tion on companies deviating trom Bureau 
the nonlfeet private passenger automobile 
rates of the N(Mlh (Carolina Rate Bureau 
'' hall Ue include>.l (except i++ hl i iig '. nuule 
U\- t4+e North ( aioliiui Reiii '. uiance k'**- 
c i lily ) for each of the latest h\e \ears by 
co\eragc: 
(i) A list of all de\iating companies: 
(ii) I'he ttital amount of de\iations in dol- 
lars; 
(iii) I he average percentage deviation tor 
all companies. 



fi) fk4 I " xcepl in filiniis made h\ the North 
Carolina l\einsurance lacilitv. pro\ ide the 
tollowing intormation on companies issu- 
ing dividends on North Carolina nontleet 
private passenger automobile policies '. hall 
bt^ included for (except i+i- tiling ', matte by 
t-bt> North Carolina I'lein '. urance kacility) 
each of the latest five years: 

(i) A list of aU companies issuing dividends; 

(ii) I he total amount of dividends in dol- 
lars; 

(iii) The average percentage di\idend tor all 
companies. 
(j) rVo\ide the follouin'.: infonnaticm on 
losses and loss ad|iistment expenses: 

(i) k'or each o| the latest lliree accident and 
calendar \ cars, uiKle\ clo|ied and un- 
trended losses and loss ad|Ustinent ex- 
penses, bv co\ erage; 

(ii) \ ov each rate le\cl implemented in the 
latest three caleinlar years, the expected 
K^ss ratios that were anticipated in the 
imiilemented rates, bv co\ crage; 

(ill) I or each accident \'ear included m the 
tiling, paid losses, case basis reser\es. loss 
development, incurred allocated loss ad- 
justment expense rif collected sepaiaIeK 
lr(Mn losses), incurred unallocated (or 
combined allocated and uiialkKatcd) loss 
adiuslment expense, applied trend tactors. 
and trended incurred losses and loss ad- 
justment expenses, bv co\erage. 
(k) f+i \Vhene\er North Carolina losses arc 
separated into excess (catastrophe) and 
nonexcess (noncatastrophe) losses, pro- 
\ide a clear description and justification 
of the standard used to separate sucli 
losses. ! . hall bt^ included, kn- determining 
*H- e xc e'.ji (catu 'i trttph e ) loading. Include 
as many years ot data as |iO '.'. ible. are 
a\,iilable. If the number of years iiidiidei-l 
Used dilters from the number a\ailable, 
provide an explanation. Alsii provide an 
explanation if the data from which the 
excess loading is derived ditters trom that 
on which the rate level change is based. 
(1) (^ kerritorial rate calculations shall include 
earned premiums, incuiTcd losses, and the 
number of claims by territory for each of 
the years used to determine the territorial 
relativities. 
(m) fkn If the filing contains changes (-«■ rn class 
(.littcrentials, inclikle provide all intorma- 
tion related to the derivation, including 
the following: 

(i) A description ot .aH data reviewed and 
all worksheets used: 



NORTH CAROLINA REGISTER 



1 1 26 



PROPOSED RULES 



(ii) f+4 A complete description of the meth- 
odoloiz_\' used to deri\e these luctor ji ; dif- 
lerentials: 

(ill) HH A description ot~ aiternatne method- 
ologies used or considered tor use in the 
last three \ears; 



(iv) (4+H- /\ description of the criteria used to 

select a methodology; 
(vj f+v^ Specific details on the application of 
these criteria in the selection of a meth- 
odology for this filing; 
(\i) f¥-f Details on the application of the 
methodology to this filing. 
(2) OedibilitN' factor de\elopment and appli- 
cation. i'roN ide all mfomiation related to 
the den\ation of t]ie credibility factors con- 
tained in the filing, '. hould K* pro' , ided: in- 
cludinu the tollowini;: 



(a) A description ol iiU data reviewed and all 
w orksheets used; 

(h) (tH .\ complete description o\ the method- 
ology used to deri\e these factors; 

(c) (-b4 /\ description of alternative methodol- 
ogies used or considered tor use m the last 
three \ears; 



(d) f«H -^ description of the criteria used to se- 

lect a methodology; 

(e) f<44 Specific details on the application of 

these criteria in the selectit)n oi' a meth- 
odology for this filing; 

(f) f«H Details on the application of the meth- 

odology to this filing. 
(3) I OSS development factor de\elopment and 
application on both paid and incurred bases 
and in both numbers and ilollars ot claims: 



(a I i'rcn ide all mlormation related to the den- 
\ation of the loss deselopment factors 
contained in the filing, ■■ liiill l^ pro\ idod 
including the following; 

(i) A description of aH data reviewed and 
all wt^rksheets useil; 

(ii) (+-)• .\ complete description of the meth- 
odology used to derive these factors; 

(iiil (-in A description (if alternative method- 
ologies used or considered for use m the 
last three v ears; 

(iv) (-HH description of the cnteria used to 
select a methodology; 

(v) (-HH- Specific details on the application of 
these criteria in the selection of a meth- 
odiilogy for this filing; 

(v I ) fv-f Details on the applic:Uion o( the 
methodologv' to this filing, 
(b) Provide for each liability coverage, com- 
plclt: (including the upper lefi portion) 
total limits j^akl loss development trian- 
gles for the ten latest available accident 
years at all available development points 



(J) 



for matching companies. Also provide 
the corresponding loss development fac- 
tors and five-year average factors deriv able 
from these triangles. 

Provide the information in (b) for basic 
limits incuiTi- ' d paid losses. 
Provide the intomiation in (b) for total 
limits incurred losses. 

Provide the information m (J2I for basic 
limits incuned losses. 



(f) i-tfi Prt)vide the intonnatum in (b) tor the 

number of paid claims. 

(g) ff^ Provide the information in (b) for the 

number of outstanding claims. 

(h) fa-)' Provide the information in (b), (c), (d), 
(e), cm4 (f), and (g) separ.itely for volun- 
tarv and ceded business. 

(i) Provide the infimnation in (b), (c), (d). (c). 
( f I . (l:). and (h) for each oi ]h£ t"iH'-''-'n 
lar'-iest vvnters ot North Carolina nontleet 
private passenger autcimobile insurance. 

( j ) fh-^ i'dr each of the (^?«- fifteen largest writers 
of North Carolina nontleet private pas- 
senger automobile insurance, i+t- Noilh 
Carolina, pro\ ide a statement regarding 
any reserve strengthening or weakening 
that has occurred m the last five vears. 
■■ hall bt^ inckkk ^ d. 

(4) 1 rending factor development and applica- 
tion: 

(a) i'rovide the following trend data r . ho' . ui 
■■ eiiai'iitely k*f- IVijquL'ncy sfni f . L" i X'rity k+f 
k+-— data, for the latest available fiv e vears 
by coverai:es: '. luill W inckuknl m t-ke kk- 
H+tf k+f rtk CO' , ervig^ ''. : 

(i) Fast-track loss data, both countrywide 
and for North C.^arolina (sp^aratelv for 
frequency and seventy |; 

(ii) All North Carolina internal loss trend 
data (separately for frequency and sever- 
ity i: 

(ui) Ixtcrnal expense trend data, both 
countrvvvide and for North Carolina. 

(b) Tor all trend data described in this Rule. 
calculate annual trend factors ■ jIkiH ke trtk 
culdl e d and coefficients of conelations. 
deleimini. ' d- 

(I) Include calculations k*f based on the 
latest six, nine, twelve and fitteen-point 
periods. 

(II) Include calculations t*H- usmg both ;+«■ 
exponential and straiLiht line methods. 

(c) Provide all information related to the den- 

vation of trend factors contained in the 
filing, i . hall kr' provuled including the fol- 
lowinsz; 



1127 



\ORTH CAROLEXA REGISTER 



PROPOSED RULES 



(\) A (.k-scription of aH data re\ie\\cd and 
■til worksheets used; 

(ii) fH- /\ complete description of the meth- 
odology used to derive these factors; 

(ill) fti^ A description of alternative method- 
ologies used or considered for use in the 
last three \ears: 

(iv) f++H A description of the criteria used to 



(d 



select a methodology; 

(v) {Wi Specific details on the application of 
these critena in the selection of a meth- 
odology for this filing; 

(vi) <-v4 Details on the application of the 
methodology to this filing. 

) Pro\ ide an assessment of the suitability of 



(5) 



histoncal trends as a predictors of future 
trends, -. hall W' pio' . idud. Changes in 
seat-belt usage, in the drinking age, in the 
price of gasoline, and in miles dri\cn shall 
be examined. If it is determined that such 
changes or an\' other legislati\e, regula- 
tory, social, and economic factors affect- 
ing frequency and severity trends will 
materialh impact anticipated losses and 
that such impact is not rellected by his- 
torical trend data, pro\ide all analyses and 
data relied on to assess such impact and 
to incorporate it into the filing, 
(lianges in premium base rt«4 uxpor . uro ' .i. 
resulting from ratini; exposure trends: 
a) i'ro\ idc (.lata on the mi.x of exposures by 
dilfeient polic\ terms, '. hiill t*t> •■ ubmilt e d. 
lor the latest five _\ears. include the num- 
ber of exposures fe+p difl tj i e nl by policy 
term. 

l'ro\ ide data on ch.inizes m age and sn m- 
hol (.listnbutions [or pli\ sical damaee 
coNcraiics o\er the last ten \e,irs, calculate 



(b) 



the trends in such distributions, and dem- 



onstrate how such treiuls ha\ e been in- 
cluded m the calcul.ilion oi earnci-l 
premiums at_ iTcsent rates. 

(6) 1 uniting lactor development and applica- 
tion. I'lxnide information on the following 
items: '. 11(111 K^ iiriu idi. ' d: 

(a) 1 imitations on losses includi'!.! in the sta- 
tistical data used in the filing; 

(b) I imitations on the extent of the rate level 
change by coverage; 

(c) Limitations on the extent of territorial rate 
changes; 

(d) Any other limitations applied. 

(7) I:xpL'n ;i L" . : Overheail expense development 
and application o^ commission aiul broker- 
aoe . other acquisition expenses, general ex- 
penses, taxes, license, and lees: 

(a) t'rovide all information related to the deri- 
vation iif th£ expense provisions con- 



tained in the filing, '. hall b«* prov idc ' d 
including the following: 

(i) A description of aH data reviewed and 
all worksheets used; 

(ii) fi-^ A complete description of the meth- 
odology used to derive these factor' . ; pro- 
visions; 



(iii) fit) A description of alternative method- 
ologies used or considered for use iri the 
last three years; 

(iv) fi+H A description of the critena used to 
select a methodology; 

(v) (+¥> Specific details on the application of 
these cnteria in the selection of a meth- 
odology for this filing; 

(vi) {\-f Details on the application of the 
methodology to this filing. 

(b) Provide earned premiums and unallocated 

loss adjustment expenses for each of the 
latest five years '. hull W includi ' d. it 
asuilabl e , pro' i id e '. uch information b\' 
coverage tt«4 or by groups of coverages. 

(c) I "or each of ten largest writers of North 
Carolina private passenger automobile in- 
surance, m North Ciirolina. prov ide state- 
ments regarding any expense cutting 
activities undertaken in the last five years, 
■. hall l»t* pro' i itle ' d. 

(S) '44*t» Percent rate change. Provide the. 
overall statewide rate cliange '. hall l*f ito 
s ide ' d bv' coverage and fW phv '. ical damag e 
coverage"- , by deductible for physical damage 
coverages. 

(9) 1 mal proposed rates: 

(a) Proposed rates for each teiTitorv and cov- 
erage, ' . . hall W pro' , ided. 

(b) If the filing contains changes to the clas- 
sif"ication differentials, describe these dif- 
ferentials '. hall H4-^-^ bt» d^ 'i Cribod. and 
jM '. o include an explanation oi how clas- 
sification rates are iletermined, h+*4 as well 
as a sample calculation. 

( 10) Investment earnings, consisting o[ invest- 
ment income and realized plus unre,ili/ed 
capital izains. from loss, loss expense, aiul 
unearned iTemium reserves. inlni iiiatioii 
t+H- untK ipiile>-l iii'i e .. |iiK ' nl iikoiik ' t-. ii e ci." ' 
saPr ^rt- e '. labli '. h t-kt» pro'i I '. ion t+>f uikLm' 
writing profit m t+n? ratef f . 
(a) Calculate Information H+t the amount of 
investment income earned on loss, kiss 
expense, and unearned premium reserves 
*«■ relation as a ratio to earned premium 
fof from North Carolina nonlleet private 
passenger automobile policies m- North 
Carolina '. luiU bt? calculat e d for the latest 
two calendar vcars and e '. limatjd estimate 
that income for the current vear and for 



NORTH CAROLINA REGISTER 



1I2.S 



PROPOSED RULES 



all years during which the prciposcd rates 
will be in ctTect. l'ro\ide the details of aH 
calculations, '. hiill t>t^ pros uk ' d wt ilelail 
inckiding the amount of the composite 
reserves of each t\ pe at the beginning and 
end of each of the specified \ ears. Also 
describe and justifN all assumptions used 
m such calculations. 
(b) '4-t+ e ' l viliKit e r e c e nt insur e r pnifilahility. 
composite inlormation from \^ .\nnual 
Statomont U*f t+K* k*f» -^ in^ur^ ' r -. vwiling 
nonlle e l prisiil e iiii '.'.e iig e r iiutomobil e m- 
■ . ' Urance m > ' Oilh Carolina 4+r4l i*e *«- 
eluded. Pro\ ide composite asset, liabilitw 
and income thr» l>)llov i mg mtonnatitm 
from each of the latest tu'o .\nnual State- 
ments for \\ hich aggregate data is a\ailable 
for the fift\' largest writers oi_ North 
Carolina nonllect prnate passenger auto- 
mobile insurance, includin'j the lollouinL' 
(in the same lormat and detail as the ex- 
hibits in individual company statements): 

(i) Page 2 (.Assets); 

(ii) Page 3 (I labilities, Surplus and Other 
limds); 

(iii) I'age 4 (Underwriting and ln\estment 
F.-diibit); 

(i\') Insurance lixpense 1 xhibit. Part II, 
columns I'^.l, 19.2 and 21.1. 

(11) Identification of applicable statistical plans 
and proirrams and a certification o[ compli- 
ance w iih ihern: rm4 Curtil'icalion (-4 Stati 'i 
t+e^ I'lan -^ : 

(a) Idcniilx all statistical plans used or con- 
sulted in preparing this filing ■■ hall be 
identifii- ' d. Al '^ o and describe the data 
compiled by each plan. 

(b) Provide a certification that there is no evi- 

dence that the data that WtW were collected 
in accordance with such statistical plans 
and were utilized in the rate filing are not 
true and accurate representations of each 
company's experience to the best of its 
knowledge, •■ hall ctk-** bt* pros ided. 

(c) Pro\ ide descriptions of the editing proce- 
dures used to \cril\' the data collected in 
accordance mth the statistical plans, of 
the errors unco'.crcd bv such ei-litine pro- 
cci-lures. and ot the ad|ustmcnts atid cor- 
rections implemented. 

(12) Iiuestment earnings on capital and sur- 
plus. Cji\en the selected underwriting profit 
and contingencies loadings prosisions con- 
tained in the fikng, mdicatc the resulting 
rates of return (includini: consideration of 
insestment income) on equity capital, on 
statutory surplus, and on total assets, h*- 
ckidiu ' -i conL^ideration h4" inse '^ tment income 



!. hall bt» calculated. Show the tleris aticin of 
all factors used m producing t+n* these cal- 
culations and pro\ide justification that these 
rates of return are reasonable and fair. 
13) I.e\el of capital surplus needed to support 
premium writings without endaniiering the 
sol\enc\ o[ member companies: 
(a) ProNide aggregate premium to surplus ra- 
tios for the latest three calendar \cars for 
the fifty largest writers of North Carolina 
fcttt com pan ie *. writing nonfleet pri\ate 
passenger automobile insurance. i» 

North Carolina ^hall be included. 



(b) Pro\ide estimates of the comparable ratios 
kir the \ears during which the rates vsiU 
be in effect, •■ hall rtk-H be pros id e d. 
Proside information on the amount of 



(c) 



sun"'kis needed to support the w nting of 
N(Mlh Carolina nonlleet prnate passeniier 
automobile insurance, takini; into consid- 



eration th 

scribe the assumptions used m 



nskmess o[" the lines and de- 

the 



den\ation of that amount. 



(d) l'ro\ ide all intonnation relatinL; to the al- 
location ot^' sun^kis bv state and bv line, 
includum the tollowini:: 

(i) A descnption ^2l. ilii data re\'iewed and 
all worksheets used: 

(ii) A c^^>mplete description of the method- 
okmv used to produce this allocation: 

(iii) A description of altern.itne melhcHlol- 
oaes used or considered tor use m t_he kist 
three \ears: 

(is) .\ descnption of the criteria used to se- 
lect a melhodolouN : 

(v| Specific details on the applic:ition of 
these criteria m t]ie selection o^. '± nielh- 
odokii:\ lor this filniiz: 



(vi) Details on the application oj, ll2£ rneth- 
odoloiiN [o this lilimz. 
(14) Other InlormLition: Such cither inkirma- 

tion that may be recjuired bv ans rule 

adopted bv tfie Commissioner: 
(a) l'ro\ ule all inkinnation relating to the der- 
nation of the underwritmi: jirofit and 
contmgL'ncs" kKuling '' contingencies pro- 
\isi^^>ns contained in the filing, •■ hall be 
pros ided including the following: 

(i) A description o^ ah data re\iewed and 
all worksheets used: 

(ii) H-t- .\ complete descnption o\ the meth- 
odology used to derise these loading - j; 
pro\isions: 

(ill) HH -\ descnption of altematise method- 
ologies used or considered for use rn the 
last three sears: 

(iv) f+«4 .\ descnption of the criteria used to 
select a methodoloszv: 



1129 



NORTH CAROLINA REGISTER 



PROPOSED RULES 



(v) ftv4 Specific details on the application of 
these criteria in tlie selection of a melh- 
o(.k)loiz\ for this filing; 

(\i) (-v^ f^etails on the application of the 
methodology to this filing, 
(b) Include copies of all agendas and minutes 
of meetings ot the North ("arolina Rate 
I3ureau and the North Carolina ixcinsur- 
ancc 1 



Btdldirv^. 512 S. Salishwj Slrcet. Ru/cii^h. .\<>r!h 
Carolina. 



ac 



ilitv 



iffecting the tiling, i. hull t*e 

includetl as well as a list of aU attendees 
at these meetings, their titles, and their 
affiliations. 
I \cept in 



(c) I \cept m filings made by the North 
Carolina Reinsurance I acilitw describe all 
pa\ments made to aH *Hy ollu ' r consult- 
ants (including la\v\ers, actuaries, and 
economists) related to this hling. rm4 t4+t» 
pri." i iiMi '. t-H+f t4ff nonlluL't pi is al e' pa 'i'. on 
gef aulomohili. ' '. hall bt^ de -' Crib e d ( e xc e pt 
wt filing ', mado by t-bf North Carolina 
M e iiT . Lirance I'acilily). If pa\ments can 
not be i+fe Hot specificall\' identified as re- 
lated \o particular indi' i idiuil filings, esti- 
mate them. (4+e charge '. . 

(d) Identils and descnbe all chauLres in meth- 
odoloLiies from the pre\ ious N(^rth 
Carolina ikmiUccI pri\ ate passenuer aiilo- 
mobile rate lilini: made b\ the same tiler. 

If an\ collected or reported data required by this 
Regulation Rule are pro\ided within 30 days af- 
ter the initial submission of a filing, the data will 
be made a part of the filing, provided the initial 
submission acknowledges that it is incomplete 
and identifies specifically what further data are to 
be submitted within the time permitted. No fil- 
ing othensise complete shall be deemed proper 
until such time as all data retiuired by this 
ulation Rule have been submitted. 

Siatiitory Authority G.S. 5S-2.40: 5S-3r)./5( h). 

nn.K I5A - 1)1 PAR IMIN 1 OI 

L.NMRON.MKM, HKALIU, AM) 

NAILRAI, RKSOLRCES 



No 



ot/ce is hcrcbv given in accordance with G.S. 
I50B-I2 that the ^Sorth Carolina Wildlife Re- 
sources Commission intends to amend rulc(s) 
cited as /5.1 \C.4C JOB .0/06: I OH .030/: and 
adopt mle{s) cited as 15.1 SC.iC /Oil .120/ - 
./207. 

1 he proposed effectixe date of this action is .lu/ie 
/, lOQO. 



Th 



Cr 



otnment Procedures: Interested persons /nay 
present their views either orally or in writing at the 
hearing. In addition, the record of hearing will 
be open for receipt of written comments from 
.March 9, 1990 to April 10, /990. Such written 
comments must be delivered or mailed to the N.C. 
Wildlife Commission, 5/2 N. Salisbuiy St., 
Raleigh. NC 276//. 

(HAITI R lO-WII 1)1 UK KKSOI KCKS AM) 
\V A n k .SAI K lA 



SI H( IIAI'IKK lOH - III MINt; 
rKAI'l'IN(; 



AM) 



he public hearing will be conducted at 10:00 
a.m. on March 26. lO'H) at Room 3S6. Archdale 



SK( HON .0100 - (;knkkai. ri ci la i ions 

.0106 WILDLIFF KII.I.KD I OR 

1)1 PRKDATIONS OR ACCmFN TALLY 

(d) Disposition of Wildlite Killed 

(1) Cjcnerally. li.\cept as provided by the 
succeeding Subparagraphs of this I'ara- 
giaph, an\' wildlife killed accidentally, 
without a pemiit vshile committing 
depredations, or under a depredation per- 
mit, shall be buried or otherwise disposecl 
of in a safe and sanitaiy manner on the 
property of the landholder in w hose name 
the pcnnit is issued or who kills such 
w ildlife wliile committing depredations. 

(2) Deer. Any landholder who kills a deer 
under a currently valid depredation pcnnit 
for deer tftrtv immediatt ' ly must report 
such kill within 24 hours and before the 
deer is butchered for consumption to a 
wildlife enforcement officer, wlu) upon 
determining that the kill was lawfully 
made within the scope of the permit and 
if so requested by the permittee, shall 
provide the permittee a written authori- 
zation for his own private use of the edible 
portions of the carcass. The nonedible 
portions of the carcass, including head, 
hide, feet, and antlers, shall be (.lisposeil 
of as specified in Subparagraph ( 1 ) ol this 
Paragraph or turned over to a wildlife 
enforcement officer for disposition. When 
a deer is accidentally killed on a road or 
highway by reason of collision with a 
motor vehicle, the law enforcement officer 
who investigates the accident shall, upon 
recjuest of the operator of the \ehicle, 
proside such operator a written permit 
authorizing him to possess and transport 
the carcass of such deer for his personal 
and lawful use, includiuL; delnen oi such 



NORTH C.4ROLIi\A RE(,ISTER 



ll.U) 



PROPOSED RILES 



carcass to a second person for his private 
use upon endorsement of such permit to 
such person b\' name and when no money 
or other consideration of value is recei\'ed 
for such delivePv' or endorsement. 

(3) I'ox. Any fox killed accidentalls by a dog 
or dogs, motor vehicle, or otherwise shall 
be disposed of as pro\ided by Subpara- 
graph (1) of this Paragraph. Any fox 
taken under a depredation permit ma) be 
disposed of in the same manner or, upon 
compliance with the fur tausinsz rec]uire- 
ments of 15A NCAC IOIb .0400, the 
carcass or pelt thereof ma\" be sold to a 
licensed fur dealer. 

(4) Turbearing Animals. I he carcass or pelt 
of any furbearing animal killed during the 
open season for taking such furbearing 
animal either accidentalK or for control 
of depredations to propeil}", whether with 
or without a permit, mas', upon compli- 
ance with any required fur tagging re- 
quirement set forth in 15.-\ NCAC lOB 
.0400. be sold to a licensed fur dealer 
prcnided that the person offering such 
carcass or pelt for sale has a \alid hunting 
or trapping license. 

(5) Nongame Animals and Birds. Nongame 
animals or birds killed accidentally or for 
control of depredations ma_\ be disposed 
of as pro\ided b\ Subparagraph ( 1) of this 
Paragi'aph or in any other safe and sani- 
tan," manner. 

(e) Reporting Requirements. 1 he killing and 
method of disposition of e\er\' game animal and 
game bird, txtry furbearing animal, and e\er\' 
nongame animal or nongame bird for which 
there is no open season, when killed for com- 
mitting depredations to propert\ . either with or 
without a pemiit, shall be reported to the Wildlife 
Resoiuces Commission within frt-e v . oiKing diiY 'i 
24 hours following the date time of such killing. 
except that when the carcass or pelt of a fox, 
killed under a depredation permit, or of a 
furbearing animal, killed with or without a per- 
mit, is lawfully sold to a licensed fur dealer in this 
State the fur dealer is required to report the 
source of acquisition and no report is required 
of the seller. 

SiaiuunT Amhoritv G.S. 113-134: 113-273; 
113-274: 1 1 3-20 1. 4; 1/3-29/. 6: // 3-300./; 
/1 3-300.2. 

SI lUllMMKR 101 1 - Rl (U I \IKI) A( UMIII-S 

SKCiioN .o.M)o - iioi niNi; wii di iik in 
^Al'll\ll^ 



.0.^01 (.KNKRAL KKQI IRKMKMS 

(b) Captivity License 
(1) Requirement, b'xcept as provided in Par- 
agraph (a) of this Rule, no person shall 
keep any species of wild animal which is 
or once was native to this State or any 
species of wild bird which naturally occurs 
or historically occurred in this State, being 
either native or migrators', without first 
ha\ing obtained from the Wildlife Re- 
sources Commission a license to hold the 
particular species of animal or bird in 
capti\ity. I:ach species of animal or bird 
shall be the subject of a separate license 
authon/mg the holding of one or more of 
the species at a location specified in the 
license. No w ildlife capti\ it\ license w ill 
be issued tor exotic wildlite. non- 
mdiizenous wildlite. or n,itive big L'.ime 
species w hen the reason tor hoklin'-! such 
wildlite [s release tor huntinu. 

StdUiuny AuUiority G.S. //3-/34; //3-2''2.5; 
// 3-2^4. 

SKCnON .1200 - COMROI.LKD KO\ 
MLMINC; l*RKSKR\KS 

.1201 I.ICKNSKIO OPKRAIK 

It shall be unlawful for any indi\idLial. firm, as- 
sociation or corporation to operate a controlled 
fox hunting preserve without first obtaining trom 
the North Carolina Wildlife Resources Commis- 
sion a license for this purpose. A controlled fox 
hunting preserve license shall entitle the holder 
or holders thereof, and their guests, to hunt foxes 
at any time within the fenced area. Applications 
for controlled fox hunting preser\e licenses shall 
be made on standard forms obtainable tVom the 
Commission. .Applicants must be preparei.1 to 
show satisfactory proof of ow nership of the land 
contained in the proposed controlled fox hunting 
preserve or that they ha\e this land under proper 
lease for the duration of the license period. 
I pon receipt of an application accompanied b\' 
the statutorv' fee. the Commission shall issue a 
license, pio\ided it is determined that the lo- 
cation and operation of such a hunting preserve 
is consistent with the wildlife conservation pro- 
gram and in the public interest: and further pro- 
vided, that all regulations herein regarding 
establishment of such areas ha\'e been complied 
with. Controlled fox hunting preserve licenses 
shall not be transferable, either as to operator or 
as to site of operation. 

Statutory .liitlwrity G.S. / /3-/34: / /3-273igj. 



U.U 



.\OR TH C.l R OL I\A REGIS TER 



PROPOSED RULES 



.1202 KSTAUI ISIIMKM AM) OrhKAIION 

(a) Si/c of I'rcscrvL'. (Controlled fox tiunting 
preserves operated for commercial purposes shall 
be an area of not less than 500 acres except that 
smaller areas ciintaining terrain and 
topographical features which offer adequate es- 
cape cover to the fox population are allowed 
under special approsal by the Wildlife Resources 
Commission. 

(b) Bi)undar\' of I'resene. A controlled fox 
hunting preserve must be enclosed with a dog- 
proof fence that is also designed to prevent the 
escape of foxes released within the pen. This 
fencing must be properly maintained at all times. 

(c) Stocking ['reserve With (jame: 

(1) In adtlition to purchasing li\'e foxes as 
provided in G.S. I13-273(g), operators of 
controlled fox hunting preserves may also 
purchase live foxes from licensed con- 
trolled lox hunting preserves, licensed 
North Carolina fur propagators, or per- 
sons holding foxes legally under a North 
Carolina wildlife captivity license. 

(2) 1 icensed controlled fox hunting preserve 
operators may ht)ld legally obtained foxes 
imder rules that applv' to a captivity li- 
cense and may transport legalh' acquired 
foxes from the place of purchase to the 
controlled fox hunting preserve. 

{^) I'oxes may not be imported into North 
Carolina for release into controlled fox 
hunting preserves. 

(4) I'he release of coyotes or exotic wildlife 
into the controlled fox hunting preserves 
is specifically proliibited. 

(5) The possession of coyotes or exotic 
wildlife on controlled fox hunting pre- 
serves is specificallv prohibited. 

StatutoryAutlinrity G.S. II3-LU: //3-273(g). 

.120.? Ql \\M\ Ol I OXKS Rl LFASKI) 

All foxes purchased or raised for release on 
controlled fox hunting presen-es shall be healthy 
and free from disease of any kind. .\n examina- 
tion and inspection of the foxes by the Wildlife 
Resources Commission may be conducted at ain 
time. All dead foxes, except those killed by dogs 
during a hunt, or diseased foxes found within the 
pen shall be submitted to the Wildlife Resources 
Commission for diagnosis. Possession of un- 
healthy or diseased foxes will be justifiable 
grounds for revocation or denial of a controlled 
fox hunting preserve license. The Commission 
ma\ quarantine any controlled fox hunting pre- 
serve where contaiiious tox diseases are located. 



Staluloiy Aut/wrily G.S. 1 13-134; I l3-273{g). 

.1204 Kl-XORD.S RKQl IRFD 

An accurate record including bill of sale for all 
foxes taken from or released into the controlled 
fox hunting preserve must be maintained and 
available for inspection by officials of the North 
(Carolina Wildlife Resources at all times. 

Staiutoiy .luthorUy G.S. 113-134: Il3-273{g). 

.1205 IIIMINC; I.ICKNSK RKQI IRKI) 

I'very person hunting on a controlled fox hunt- 
ing preserve shall have in his possession a proper 
resident iir nonresident hunting license or special 
controlled hunting preserve license for the current 
\ear as required by law. Nonresidents partic- 
ipating in a field trial properly approved in ad- 
vance by a Wildlife Imforcement Officer are 
exempt from North Carolina licensing require- 
ments provitling they possess a valid hunting li- 
cense Irom their state of residence. 

Suilulofy .luthoriiy G.S. 1 13-134: I l3-273{gl. 

.1206 (ARK OK KOXKS 

(a) A minimum of one dog-proof escape den 
for each 35 acres contained in the controlled fox 
hunting preserve must be provided and main- 
tained. 

(b| .AdeciLiate food, clean water, and cover shall 
be provided to maintain a viable population of 
foxes within the controlled tox hunting preserve. 

(c) .Since the intent of these rules is to pronK)te 
a fair chase situation involving a resident popu- 
lation of foxes, the operator should make pro- 
visions to acclimate newly introduced foxes to 
the escape mechanisms K)cated within the pen 
prior to pursuing the animal with dogs. 

Stdtiilory .Uiihority G.S. 1 13-134: I l3-273(g). 

.1207 RK\0(~Ari()N OK KK KN.SK lO 
OIMRAKK 

In accordance with provisions of Cj.S. 
113-27,](g) the Wildlife Resources (Commission 
may revoke or suspenil the license of any con- 
trolled fox hunting preserve operator uj^on vio- 
lation of these rules. Where there is e\ idcnce ol 
such a violation, the I'.xecutive Director or his 
designee shall give the operator 20 days notice in 
writing to show cause to the I'xecutive Director 
or his designee v\hv his license shoukl not be 
suspended or revoked. 

Siatuloiy .{iiihoiity G.S. 1 13-134: I l3-273(g). 



NORTH CAROLIiX.i REGISTER 



n.u 



PROPOSED RULES 



lirij:21 - (KCl I'AIIONAL LICENSING 
BOARDS 

ly oticc is hereby gh'en in accordance with G.S. 
I SOB- 1 2 that the X.C. State Board of Cosmetic 
Art Iixaininers intends to amend ndefs) cited as 
21 NCAC I4F .0004; and adopt rule(s) cited as 
21 SCAC 14 K .0007. 

1 he proposed e/fective date of this action is June 
I. I'M). 

1 he public hearing will be conducted at 10:00 
A.M. on March 19, 1990 at ;V.C State Board of 
Cosmetic .\rt l:.\aminers Office. 4101 .\orth Bhd.. 
Suite //. Raleigh. .V. C. 

C om/nent Procedures: Oral comments can be 
made at the Public Hearing. 



( IIAl'IKK 



4 - HOARD Ol COSMF IK AK 1 
KXAMINKRS 



SL HCIIAPTER 14F - RL LtS AND 

RKGl I-ATIONS 

GOXKRMNG 11 IK I ICFASING OF 

BFAL F^ SAFONS 

.0004 SKI' ARAFION OF RKAI lA SAI.ON 

(a) A beauty salon, whether residential or 
non-residential, shall be separated from any 
building or room used for any other business of 
purpose by solid walls from ^ik^i^yf- to- coiling at 
least 7 feet in heitzht. 



(b) The solid walls separating a beauty salon 
from other rooms in a building used for otlier 
purposes may be fitted with a doorway, provided 
that a solid full length door is installed in the 
doorway and kept closed. 

(c) An entrance to a beauty salon from a 
passageway, walkway or mall area used only for 
access to the salon, or to the salon and other 
businesses, may be open. 

Statutory Authority G.S. 88-23. 
SIBCIIAFIFR 14K - MAMCL RIST I RAINING 

.0007 l.l\E MODKI. I'FRFORM ANCES 

ihc following live model pertbnnance com- 
pletions must be done by each student in the 
manicurist course before the student is eligible to 
take the manicurist examination: 
( 1 ) Manicuring, including trimming, filing, and 
shaping: decorating, and arm and hand 
massage - 30 hours - 30 performance com- 
pletions: 

Sculptured or other artificial nails - 75 hours 
- 25 performance completions on 25 live 
models or 25 fingers; 

[\xiicure - 5 hours - 5 perfonnance com- 
pletions: 
Theory - 10 hours; 

Sanitization (applies to proper use, clean- 
ing, and storing of utensils) - 15 hours; 
Bacteriology- 15 hours. 



(2) 



(3) 

(4) 
(3) 



(6) 



Statutory Authoritv G.S. 8S-S. 



1U3 



NORTH CAROLLXA REG ESTER 



NORTH CAROLINA ADMINISTRA TIVE CODE CLASSIFICA TION SYSTEM 

Trri.R/MA.JOR DIVISIONS OF TIIK NORTH CAROLINA ADMINISIRAIIVE CODE 
TITLE DEFARIMENI 

1 Administration, Department of 

2 Agriculture, Department of 

3 Auditor, Department of State 

4 Fconomic and Community Development, Department of 

5 Correction, Department of 

6 Council of State 

7 Cultural Resources, Department of 

8 Flections, State Board of 

9 Governor, Office of the 

10 Human Resources, Department of 

1 1 Insurance, Department of 

12 Justice, Department of 

13 I abor, (department of 

14A Crime Control and Public Safety, Department of 

15A Fnvironment, Health, and Natural Resources, Department of 

16 I'ublic Fducation, Department of 

17 Re\cnue, Department of 

18 Sccrctan,' of State. Department of 
19A Transportation, Department of 
20 Treasurer. Department of State 

*21 Occupational Licensing Boards 

22 Administrati\c Procedures 

23 CommunilN' Colleges, Department of 

24 Independent Agencies 

25 State Personnef. Office of 

26 .\tlministrative Hearings, Office of 

NOTE: Title 21 contaiiiN the chapters of the various occupational Licensing boards. 
CHAPFER I ICENSINC HOARDS 

2 Architecture. Board of 

4 Auctioneers, Commission for 

6 Barber hxaminers. Board of 

8 Certified Pubhc Accountant l-xaminers, Board of 

10 Chiropractic Examiners. Board of 

12 General Contractors, Licensing Board for 

14 Cosmetic /Vil L.xaminers, Board of 
16 Dental Examiners. Board of 

18 Electrical Contractors. Board of lixaminers of 

20 Foresters. Board of Registration for 

21 Geologists, Board of 

22 I learing Aid Dealers and Fitters Board 
26 Landscape Architects, Licensing Board of 

28 Landscape Contractors, Registration Board of 

31 Marital <.*c Family I herap\ Certification Board 

32 Medical Fxaminers, Board of 

33 Midwilers Joint Committee 

34 Mortuary Science. Board of 

36 Nursing, Board of 

37 Nursing Home Administrators, Board of 

38 Occupational Iherapists, Board of 
40 Opticians. Board of 

42 OptometPi', Board of Fxaminers in 



NOR TH CAROLINA REGLS TER 1 LU 



i\OR/H C AROLIWA ADMLMSTRAT/l E CODE CLASSIFICATION SYSTEM 



44 
46 
48 
50 
52 
53 
54 
56 
58 
60 
62 
63 
64 
66 



Osteopathic Fxamination and Registration, Board of 

Phannacy. Board of 

Physical Therapy I'xarniners. Hoard of 

I'luinhing and Heating Contractors. Board of 

Podiatry P'xaminers, Board of 

Practicing Counselors, Bi)ard of 

Practicing Psychologists. Board of 

Professional lingincers and 1 and .Sur\eyors. Board of 

Real Iistatc Commission 

Refrigeration lixaminers. Ikiard of 

Sanitanan I-xaminers. Board of 

Social Work. Certification Board for 

Speech and I anguage Pathologists and Audiologists. Board of P.xaminers of 

VeterinarN Medical Board 



in5 



SORTH CAROLINA REGISTER 



CUMULATIVE INDEX 



CUMULA TIVE ISDEX 

(April ! 989 - March 1990) 



1989 - 1990 



Pages 



152 - 

193 - 

217 - 

290 - 

312 - 

365 - 

455 - 

478 - 

522 - 

585 - 

617 - 

659 - 

713 - 

766 - 

802 - 

826 - 

857 - 

892 - 

930 - 

1021 - 

1106 - 



Issue 



151 1- 

192 2- 

216 3- 

289 4- 

311 5- 

364 6- 

454 7- 

477 8- 

521 9- 

584 10- 

616 11- 

658 12- 

712 13- 

765 14- 

801 15- 

825 16- 

856 17- 

891 18- 

929 19- 

1020 20- 

1105 21- 

1139 22- 



April 

April 

May 

May 

June 

June 

July 

July 

August 

August 

September 

September 

October 

October 

November 

November 

December 

December 

January 

January 

February 

I'cbruary 



AO - .Administrative Order 

AG - Attorney General's Opinions 

C - Correction 

TR - rinal Rule 

GS - General Statute 

JO - Judicial Orders or Decision 

M - Miscellaneous 

NP - Notice of Petitions 

PR - Proposed Rule 

SO - Statements of Oruani/ation 

TR - Temporan, Rule 



ADMINISTRATION 

State Constmction. 827 PR 

ADMINISlRATIVi: HIARINGS 

General, X79 PR 
llearinus Division, 880 PR 
Rules Division, 880 PR 



NORTH CAROLINA REGISTER 



ir^6 



CUMVLATll E ISDEX 



ADMIMSTRATIXK ORDIR 

Administrative Order, 4, 152. Xfl2 

.u.Rin in Ri; 

Aiironomic Seniees. I IDS PR 

Cotton Warehouse, 220 PR 

Gasoline and Oil Inspection Board. ''.M PR 

Markets. 217 PR. 546 PR. lins PR 

Pesticide Board. 202 PR 

Plant Consen-ation Board, 196 PR 

Plant Industr.-, 15.^ PR. 21S PR. 8^5 PR. 1109 PR 

State Pair, 2P PR. 11 OS PR 

fOMMlMTV COLI.EGES 

Board of Commumty Colleges. 352 PR 

CORRFXllON 

Departmental Rules. S15 FR 

Division of Pnsons, 4"2 PR. 646 FR. ''59 FR. S17 FR. SS.^ FR. 100" FR 

C RIME ( OM ROL AND PI BI.IC .SAFETY 

\'ictim and Justice Ser\ices. 5''3 PR 

Cri.Tl RAF RESOrRCE.S 

Archives and Ilistor.. 3"0 PR. 455 PR. 503 PR. "20 PR 

Alls Council. 371 PR 

U.S.S. North Carolina Battleship Commission. 54S PR 

ECONOMIC AND COMMl NITV DE\ EEOPMENT 

F^. inking Commission. 1023 PR 

Cemctcn- Commission. l')S PR. "66 PR 

Community .Assistance. S5S PR. 1121 PR 

Credit Fnion. 1026 PR 

Departmental Rules. 901 PR. 1 1 14 I'R 

Finance Center. 36S PR 

Hazardous Waste \Finaszement Commission. "16 PR. S34 PR. 1 1 19 PR 

Milk Commission. 455 PR. S34 PR 

.Seafood Industnal Park .\uthonty. S06 PR 

EDICAIION 

Flemcntan,- and Secondan,- Education. 253 PR. 295 PR. 511 PR, 739 PR. S43 PR 

EI.ECTIONS. SIATE BOARD OF 

Departmental Rules. 661 PR 

ENMRONMENT. IIEAETH. AND NATIRAF RESOl RCES 

Coastal Management. 239 PR. 50S PR, 5':4 PR, 735 PR, 107S PR 

Community .Assistance. 134 PR 

Departmental Rules. Nil PR 

Economic Opportunity. 178 PR 

Environmental Manaiiement. IS PR. 160 PR. 202 PR. 23S PR. 295 PR. .M" PR. 

431 PR. 456 PR. "00 PR. "30 PR. S66 PR. 992 PR, 1072 PR 
Ciowrnor's Waste NFinagcment Board. 61" C 
I and Resources. S6S PR'' 
Marine Fishenes. 4" PR. 45" PR, S66 PR 
Wildlife Resources and Water Safetv. 134 PR, 178 PR, 207 PR. 252 PR. 5"4 PR. 

"00 PR, 738 PR. 776 PR, 809 PR, 872 PR, 903 PR, 1130 PR 



1137 SORTH CAROLISA REGISTER 



CUMULATIIE INDEX 



FINAL DKCISION LKTTI.RS 

Voting Rights Act, 5, 193, 367, 523, 587, 618, 659, 714, 803, 857, 1022, 1106 

FINAL RLLLS 

List of Rules Codified, 183 I-R, 274 FR, 303 FR, 445 FR, 515 F'R, 609 FR, 704 FR, 788 FR, 
847 FR, 1009 FR, 1097 FR 

GOVKRNOR/LT. GOVLRNOR 

Executive Orders, 1, 290, 312, 365, 478, 522, 585, 713, 826, 892, 930, 1021 

HIMAN RKSOLRCKS 

Aging, Di\ision of, 859 PR 

Departmental Rules, 372 I'R 

Fconoinic ()pportunit\ , Division of, 1070 PR 

Employment Prourams. 1062 PR 

Facility Ser\ices, l99 PR, 377 PR, 594 PR, 1029 PR 

Governor's Waste Manasiemcnt Board, 552 PR 

Health Services. 153 PR,''315 PR, 405 PR, 661 PR, ')33 PR 

Indi\idual and F'amih Support. 11)63 PR 

Medical Assistance, l'58 PR. 294 PR. 455 PR. 549 PR, 601 PR, 620 PR, 722 PR, 808 PR, 1068 PR 

Mental Health, Mental Retardation and Substance Abuse Services, 17 PR, 417 PR, 685 PR, 060 PR 

Ser\ices for the Blind, 1067 PR 

Social Ser\ices, 550 PR, 773 PR 

Vocational Rehabilitation Ser\iees, 7 PR, 766 PR 

Water 1 reatment Facility Operators Board of Certification, 549 PR 

INDLPLNDLM AGLNCIKS 

Housing Finance Agency. 459 PR 

INSl RANGE 

Admission Rec]uirements. 836 PR 

Aiient Services Di\'ision, 561 PR 

Ensaneenna and Buddina Codes, 775 PR, 1071 PR 

Fu-c and Casualty Division. 202 PR, 479 PR, 689 PR, 986 PR. 1123 PR 

Life, Accident and Health Division, 690 PR 

IISTIGK 

Alarm Systems I icensing Board, 991 PR 

Criminal Justice Education and Training Standards Commission, 569 PR, 860 PR 

Private Protective Ser\ices Board. 621 I'^R, 990 PR 

Sheriffs I'ducation and Training Standards Di\ision, 491 PR 

LICENSING BOARDS 

.-Vrcliitecture, 344 PR 

CPA Examiners. 45S PR. Sill PR 

Cosmetic Art Examiners. 1133 PR 

Electrical Contractors. 741 PR 

General Contractors. 512 PR, 844 PR 

Geologists, Board for Eicensina of, 878 PR 

Landscape .Arelutects. 443 PR.^756 PR 

Medical E;xaminers. Board of. 604 PR. 701 PR. 1081 PR 

North Carolma Certification Board for Social Work, 179 PR 

Nursina. Board of, 296 PR. 778 PR 

Pharmacy. Board of, 1087 PR 

Physical Therapy Examiners, 262 PR 

Plumbing and Heating Contractors. 757 PR 

Practicmg Ps\chologists. 606 PR 

Real Estate Commission. 993 PR 

Sanitarian Examiners. Board of, 785 PR 



NOR Til CAROLINA REGIS TER I / J.V 



CUMVLATIVE INDEX 



RKMAli: 

Departmental Rules. SS5 FR 
Motor I-uels Tax Division. Wn I"R 
Sales and Tsc lax. 353 I'R 

ST.\ TE PERSONNEL 

State Personnel Commission, ISl PR, 210 PR, 265 PR, 461 PR, 624 PR, 786 PR, 923 PR 

STATEMEN ES OE ORGANIZA 1 ION 

Statements of Organization, 524 SO 

TRANSPORIAIION 

Division of Motor Vehicles, 140 PR, 607 PR. 648 FR 



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